Book contents
- Litigating Judicial Selection
- Litigating Judicial Selection
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface and Acknowledgments
- Abbreviations
- 1 Fighting over Judicial Selection
- 2 Litigation over Federal Judicial Selection
- 3 Litigation concerning State Judicial Selection
- 4 Challenging and Changing State Judicial Selection
- 5 Selection Preliminaries
- 6 Election Processes
- 7 Election Administration and Election Contests
- 8 Nonelective Systems
- 9 Other Cases
- 10 Litigating Judicial Selection
- Lists of Cases and Other Authorities
- Index
6 - Election Processes
Nominations, Campaigns, and Finance
Published online by Cambridge University Press: 27 February 2024
- Litigating Judicial Selection
- Litigating Judicial Selection
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface and Acknowledgments
- Abbreviations
- 1 Fighting over Judicial Selection
- 2 Litigation over Federal Judicial Selection
- 3 Litigation concerning State Judicial Selection
- 4 Challenging and Changing State Judicial Selection
- 5 Selection Preliminaries
- 6 Election Processes
- 7 Election Administration and Election Contests
- 8 Nonelective Systems
- 9 Other Cases
- 10 Litigating Judicial Selection
- Lists of Cases and Other Authorities
- Index
Summary
The first part of Chapter 6 focuses on cases about the nomination process. A large percentage of these cases come from New York where party conventions are the primary method for nominating candidates. The chapter divides nomination cases into those concerning the initiation of candidacy (e.g., nominating petitions) and those concerning choosing nominees. Of more consequence are the cases concerning candidate speech and campaign finance, both of which led to major SCOTUS decisions. The speech cases focused heavily on codes placing limits on what candidates in judicial elections could say. In addition to speech code limitations, there were speech-related cases concerning defamation, misrepresentation, false statements or claims, impugning opponents, and improper promises or statements. In addition to speech issues, the chapter discussed other forms of improper candidate behavior (e.g., improper use of work resources by incumbents running for reelection). Campaign finance issues included those related to fundraising (e.g., solicitation by candidates, reporting requirements, requests for recusal due to parties or lawyers being involved in fundraising for the judge/s campaign), loans, expenditures, and public funding.
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- Litigating Judicial Selection , pp. 137 - 167Publisher: Cambridge University PressPrint publication year: 2024