Denver Law Review Volume 73 Issue 3 Tenth Circuit Surveys Article 7 January 2021 Ballot Access Laws Darla L. Shaffer Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Darla L. Shaffer, Ballot Access Laws, 73 Denv. U. L. Rev. 657 (1996). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact
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[email protected]. BALLOT ACCESS LAWS INTRODUCTION The United States Constitution expressly grants to states the authority to conduct and regulate elections for public officials.' State election codes may define the time, place, and manner of holding elections, as well as require- ments for voting and the selection of candidates.2 While the Supreme Court has recognized the need for such regulation to effectively implement the dem- ocratic process,3 constitutional tensions arise when such regulations invade the rights of voters. The Supreme Court's review of state election laws, specif- ically ballot access laws,4 has received harsh criticism5 for failing to employ a consistent standard of review.6 In 1983, however, the Court set out to end the confusion with its decision in Anderson v. Celebrezze.7 In Anderson, the Court announced that the proper approach for determining the level of scrutiny in ballot access cases is a balancing of interests test.8 1. "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof ...