By: Daniel Bruce
In a previous article on the ongoing challenge to West Virginia’s ballot order statute, I highlighted the growing importance of the Political Question Doctrine to challenges to election administration laws like the one at issue in Nelson v. Warner.
As a refresher, W. Va. Code § 3-6-2(c)(3) requires candidates appearing on statewide ballots to be placed in the order of the party whose candidate received the highest number of statewide votes in the previous presidential election. The state’s Democratic Party is challenging the law based on the “primacy effect” granted to Republican candidates who appear first on the ballot.
[Read more…] about Is It Time for SCOTUS to Revisit the Anderson-Burdick Test?: Insights from the Challenge to West Virginia’s Ballot Order Statute