Remember the screams from Republican and conservative voices just two weeks
ago at the notion that Kerry might delay accepting the nomination? What
would the White House be arguing now if Kerry had done that and in so doing
didn't accept the nomination until after the ballot qualification deadline
in some state? End of the day - Bush should be on the Illinois ballot. But a
political price should be extracted by reinforcing the "above the law"
aspects of this administration's behavior.
Larry Levine

----- Original Message ----- 
From: "Adam Morse" <Adam.Morse@nyu.edu>
To: <election-law@majordomo.lls.edu>; <ban@richardwinger.com>;
<richardwinger@yahoo.com>
Sent: Friday, June 04, 2004 10:18 AM
Subject: Re: ballot access laws

I'm not convinced that Bush should be viewed as entitled to be on the

Illinois ballot.  The rules to qualify for a major party candidate in
Illinois aren't burdensome.  The only reason that the President faces any
difficulties is because of a decision to disregard state election laws to
game federal campaign finance law (and to try to build momentum off of
9/11).  Would I object to Bush being kept off the ballot because of that?
No more than I would object to a candidate for a lower office being kept off
the ballot because they refused to comply with a reasonable, evenly applied
petitioning requirement.  It's fairly bizarre that we let states set rules
for federal elections, but in the presidential context it flows smoothly
from the Electoral College, which is bizarre in its own right but something
we're fairly well stuck with.

Frequently, ballot access rules are unreasonably difficult to satisfy and

designed to preclude third parties (or major party candidates who lack
support from party leaders) from participating.  I certainly oppose those
rules and think they are frequently unconstitutional.  But that's different
from the Bush context.  If you deliberately try to gain a legal advantage by
not complying with a law and gambling on changing the law through new
legislation, you should be stuck with the consequences of your gamble.

Adam Morse
Associate Counsel, Democracy Program
Brennan Center for Justice
161 Avenue of the Americas
New York, NY 10013

212 992-8648
adam.morse@nyu.edu