While redistricting and voter ID get more attention in fights over election law, ballot access is often overlooked. Most people assume that the issue of ballot access concerns a candidate’s struggle to get on a ballot – but in this election cycle, in at least three high-profile races, candidates have had trouble getting off, even after dropping out. The inability of candidates to get off the ballot deprives voters of accurate choices, which can change the outcome of elections.
In 2002, for example, incumbent Democratic senator Robert Torricelli faced ethical challenges and lagging poll numbers. Democrats pressured Torricelli to drop out so that popular former senator Frank Lautenberg could replace him on the ballot. Republicans sued to stop Torricelli’s withdrawal, but New Jersey’s Supreme Court upheld the move.
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