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Certification as a Write-In Candidate

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 14, 2023

Pearlman v. Gonzales (Martha Vázquez, 6:98-cv-1160) and Pearlman v. Vigil-Giron (Bruce D. Black, 1:00-cv-1475) (D.N.M.)
A pro se litigant filed a federal complaint challenging his exclusion from the gubernatorial ballot as a Green Party candidate because the secretary of state determined that the Green Party had become a major party requiring nomination by primary election. The district judge opined that the plaintiff’s exclusion was improper, but she held that the action was barred by the Eleventh Amendment. Two years later, the plaintiff filed another federal complaint seeking an order that the state provide for write- in presidential candidates. A different district judge also determined that the suit was barred by the Eleventh Amendment, and moreover it had been filed too late for the equitable relief sought.
Subject: Getting on the ballot. Topics: Getting on the ballot; write-in candidate; matters for state courts; laches; pro se party; primary election.

One of many Case Studies in Emergency Election Litigation.