You are here

Anonymous Campaign Literature and Keeping a Candidate Off the Ballot

Robert Timothy Reagan
July 16, 2023

Davis v. Johnson (2:16-cv-13545) and Simpson v. Garrett (2:16-cv-13784) (Arthur J. Tarnow, E.D. Mich.)
A frequent litigant and an incumbent school-board member filed federal actions challenging restrictions on anonymous campaigning and seeking to overturn state-court actions putting another candidate on the ballot. The district judge determined that the challenge to campaign restrictions required further administrative review and the challenge to state-court rulings was barred by judicial immunity and the Rooker-Feldman doctrine, which states that among federal courts only the Supreme Court has appellate jurisdiction over state-court proceedings. The court of appeals decided that litigation of this type belongs in state courts.
Subject: Campaign activities. Topics: Matters for state courts; getting on the ballot; campaign materials.

One of many Case Studies in Emergency Election Litigation.