Is the Party Over? Examining the Constitutionality of Proposition 14 as It Relates to Ballot Access for Minor Parties

The U.S. Supreme Court must reexamine its deeply flawed ballot access jurisprudence. California voters passed Proposition 14 on June 8, 2010. This law reduces ballot access for minor parties. This Article argues that the Court has historically overestimated the government interests at stake in restricting ballot access, while derogating the important role that minor parties can play in elections.

This must stop. This Article further argues that the Court should apply strict scrutiny to ballot access restrictions and use a holistic approach when examining such restrictions.