CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 4/29/2023 1

Improper Change in the Ballot-Petition 

Signature Requirement During an Election Cycle 

Nader 2000 Primary Committee v. Hechler 

(Charles H. Haden II, S.D. W. Va. 2:00-cv-839) 

Supporters of a presidential candidate challenged his disqualification from the general-election ballot while another candidate qualified by submitting his ballot petition on the day before the number 

of signatures required to qualify doubled. The district judge granted 

the plaintiffs a preliminary injunction, also finding that it was probably unconstitutional for the state to require petition circulators to 

be registered to vote in the state. 

Subject: Getting on the ballot. Topics: Getting on the ballot; 

attorney fees. 

On September 7, 2000, Ralph Nader, his presidential campaign, a West Virginia voter, and an out-of-state supporter filed a federal complaint in the 

Southern District of West Virginia seeking to overturn Nader’s disqualification from the November 7 general-election ballot for President.1

 With their 

complaint, the plaintiffs filed a motion for a preliminary injunction.2

In 1999, West Virginia doubled the number of ballot-petition signatures 

required for independent and minor-party candidates from 1% to 2% of the 

votes cast for the same office in the previous general election.3 The Natural 

Law Party candidate qualified for the 2000 presidential election by submitting his ballot petition on July 10, 1999, the day before the signaturerequirement increase went into effect.4

 Nader submitted his petition later, 

with enough signatures to satisfy the old rule but not enough to satisfy the 

new rule.5

On September 12, 2000, Judge Charles H. Haden II set the case for hearing on the following day.6

 On September 15, Judge Haden ordered Nader’s 

name added to the ballot.7

 In addition to the inequality of applying different 

1. Complaint, Nader 2000 Primary Comm. v. Hechler, No. 2:00-cv-839 (S.D. W. Va. 

Sept. 7, 2000), D.E. 1; Nader 2000 Primary Comm. v. Hechler, 112 F. Supp. 2d 575, 576 (S.D. 

W. Va. 2000). 

2. Preliminary-Injunction Motion, Nader 2000 Primary Comm., No. 2:00-cv-839 (S.D. 

W. Va. Sept. 7, 2000), D.E. 2; Nader 2000 Primary Comm., 112 F. Supp. 2d at 576. 

3. Nader 2000 Primary Comm., 112 F. Supp. 2d at 576–77. 

4. Id. at 577. 

5. Id.

6. Order, Nader 2000 Primary Comm., No. 2:00-cv-839 (S.D. W. Va. Sept. 12, 2000), D.E. 

6; see Judge Delays Ballot Ruling, Charleston Daily Mail, Sept. 14, 2000, at 12A; Nader Says 

State Law Hinders Candidates, Charleston Daily Mail, Sept. 13, 2000, at 4C. 

Judge Haden died on March 20, 2004. Federal Judicial Center Biographical Directory of 

Article III Federal Judges, www.fjc.gov/history/judges. 

7. Nader 2000 Primary Comm., 112 F. Supp. 2d 575; see Nader Wins Ballot Spot, N.Y. 

Times, Sept. 16, 2000, at A10; Nader’s Name Must Be Put on State Ballots, Judge Says, 

Charleston Daily Mail, Sept. 15, 2000, at 2A. 
Improper Change in the Ballot-Petition Signature Requirement During an Election Cycle 

2 Federal Judicial Center 4/29/2023 

signature requirements to different candidates for the same election, Judge 

Haden found probably unconstitutional West Virginia’s requirement that 

circulators of ballot petitions be registered voters in West Virginia.8

Judge Haden was not, however, willing to issue a permanent injunction 

on the local-registration issue without proper briefing, which the plaintiffs 

did not provide, so Judge Haden dismissed the complaint without prejudice 

on June 6, 2001.9 On September 13, Judge Haden signed an agreed attorneyfee award of $10,000.10

8. Nader 2000 Primary Comm., 112 F. Supp. 2d at 580. 

9. Order, Nader 2000 Primary Comm., No. 2:00-cv-839 (S.D. W. Va. June 6, 2001), D.E. 

18. 

10. Order, id. (Sept. 13, 2001), D.E. 22.