Blankenship v. Blackwell (Edmund A. Sargus, Jr., 2:04-cv-965) and Nader v. Blackwell (George C. Smith, 2:04-cv-1052) (S.D. Ohio)
Because Ralph Nader failed to qualify for the 2004 presidential ballot in Ohio, his supporters filed a federal complaint challenging the constitutionality of a requirement that ballot-petition circulators be state residents. Because of unclean hands—petition circulators had falsely claimed to be state residents—a district judge denied the plaintiffs immediate relief. On election day, the Nader campaign challenged Ohio’s requirement that write-in candidates file a declaration of intent fifty days before the election. The court of appeals determined that the secretary of state had qualified immunity.
Subject: Getting on the ballot. Topics: Getting on the ballot; write-in candidate; laches; intervention; case assignment.
One of many Case Studies in Emergency Election Litigation.