Ballot Access
The right to vote is more valuable when citizens are able to vote for the candidate of their choice. The Brennan Center works to make this fundamental truth a reality. Through studying ballot access systems and producing publications such as Voter Choice 2000, and through litigation when necessary, the Center works to increase access to the ballot for third party and independent candidates. The Center has litigated cases in South Dakota and North Carolina in support of efforts by third party candidate Ralph Nader to gain access to these state ballots. Even within the major parties, insurgent candidates are sometimes denied ballot access, as was the case with John McCain in New York State who was placed on the ballot only after a successful Brennan Center lawsuit.
Conservative Party of New York State and Working Families Party v. New York State Board of Elections
The Conservative Party and the Working Families party -- represented by the Brennan Center for Justice and the law firm of Emery Celli Brinkerhoff & Abady -- filed a lawsuit challenging a discriminatory New York State policy for counting political party votes under a procedure known as "double voting."
In 2000, the Center and Emery Cuti Brinckerhoff & Abady successfully represented Senator John McCain and his New York supporters in challenging ballot access laws for the New York Republican presidential primary. The ruling guaranteed the first fair Republican presidential primary in New York’s history.
The Center represented Green Party presidential candidate Ralph Nader in lawsuits in Idaho, Illinois, North Carolina, South Dakota, and West Virginia seeking to place Nader on the November 2000 presidential ballot. The Center argued that ballot access rules in those states have placed an unconstitutional and unfair burden on the candidate.
Massive Participation from “Inactives” Shows Voters Shouldn’t Be Ruled Out of Elections
As of Monday night, an astonishing 16 percent of the 17,000 "inactive" voters in Pueblo County, CO had cast ballots: roughly 2,700 voters. Had Secretary of State Scott Gessler succeeded in his fight to limit ballots just to those who voted last year, these thousands would have found it much more difficult to vote.
New York Election Law Found Unconstitutional by Federal Court
A federal court in Brooklyn yesterday struck down a residency requirement in New York States election law affecting independent candidates seeking to petition onto the ballot. The unconstitutional provision required that people collecting signatures on nominating petitions for independent candidates must live in the district for which the candidate is running for office.
Statement of Brennan Center’s Elizabeth Daniel on Decision In Campbell Vs. Bysiewicz
Today in U.S. District Court, District of Connecticut, Judge Peter C. Dorsey modified his initial order of preliminary injunction in the case of Campbell v. Bysiewicz and ordered the Secretary of the State to put any qualified applicant on the primary ballot.
Presentations on Voting Rights
Each year, the Brennan Center hosts briefings and delivers presentations on annual trends in voting rights. On this page you can access and download each presentation we have delivered.