| Two of my three last posts have been about the same. Verdict Columns (this and this co-authored Jason Mazzone), I have discussed—in connection with the Supreme Court’s consideration in Trump v. Anderson of Colorado’s power vel non to exclude Donald Trump from the presidential ballot on account of his having been found by Colorado courts to have engaged in insurrection within the meaning of Section 3 of the Fourteenth Amendment—how Presidential elections are inherently decentralized. Decentralization leads to different rules for elections in each state. This can have a significant impact on who wins the White House, whether or not other states and their voters like it. |
| In the last week, we have seen more vivid examples of decentralization. In Ohio, a question has arisen whether President Joe Biden (or any ultimate presidential nominee of the Democratic Party) will qualify for access to the general-election ballot since the Democratic Convention won’t formally pick a party nominee until after the deadline has passed that Ohio currently imposes for major parties to name their nominees to ensure ballot access. Ohio law requires that party nominations be made by the major parties in order to ensure their… |
