On July 6, 2006, a United States District Court ruled that former Representative Tom DeLay, who had earlier won the Republican primary nomination for Congress from the 22 nd District of Texas, could not have his name substituted on the general election ballot by the Republican party even if Mr. DeLay had changed his legal residence and voluntarily withdrew from the race. That decision was upheld on appeal by the United States Court of Appeals, and a request to stay the opinion was denied by Justice Scalia of the United States Supreme Court. In Ohio, a different result ensued a month later when Representative Robert Ney, who had won the Republican party nomination in an earlier May primary, formally announced his withdrawal from the race on August 14, 2006. In that instance, the Republican party in Ohio was permitted to have a "special primary" to nominate another candidate for the general election (although some questions had surfaced as to whether one of the candidates would be eligible to run in the primary and general election because of Ohio's "sore loser" law.) In Connecticut, the defeated candidate for the Democratic party nomination in the August 2006 primary, incumbent Senator Joseph Lieberman, appears to be able to be on the ballot either as an "independent" or nominee of a minor party in the general election in November, although a similar ballot position for the general election for one who had lost a party nominating primary would be barred in numerous states (including Ohio) because of the application of their so-called "sore loser" laws. Several years earlier, on September 30, 2002, former Senator Robert Torrecelli, the Democratic nominee for the United States Senate from New Jersey, voluntarily withdrew from the Senate race and, even at that late date, a new candidate was allowed to be chosen by the Democratic party in New Jersey and to have his name appear on the November ballot. Meanwhile in Missouri, the Democratic nominee for the United States Senate in the 2000 election, former Governor Mel Carnahan, died in a plane crash on October 16, 2000, three weeks before the general election, was not able to be substituted for, and continued to have his name on the ballot in the November general election. When the deceased candidate received the most votes in the ensuing election, a "vacancy" was declared and the acting Governor, under the 17 th Amendment and Missouri law, chose a temporary replacement until the next statewide election to fill the remainder of the term. This report will examine federal law and constitutional provisions to explain the seeming disparity in treatment concerning the placing and substitution of candidates names on the ballot for federal offices. In the course of this discussion, the report will analyze what have generally been characterized as "ballot access" issues in the states. Initially, it should be noted that under our federal system, an interesting division of jurisdiction occurs in the case of elections to the United States Congress. In the first instance, the terms of federal congressional offices and the qualifications of candidates eligible for federal offices are established and fixed by the United States Constitution, and are unalterable by the Congress itself or by any state unilaterally. The Constitution expressly provides, however, in the so-called "times, places and manner" clause, that the individual states have the general authority to administer congressional elections within their jurisdictions. Furthermore, the states, within constitutional parameters, have the authority to set the qualifications to vote for those federal offices at these elections. As to the final results of the election and seating in Congress, the Constitution provides that each House of Congress has the authority to be the final judge of the results of those congressional elections held in the states, and to judge the three constitutional qualifications for office (age, citizenship, and inhabitancy in the state when elected) of the Members-elect presenting themselves for membership in the institution. The states' authority over election administration and procedures for congressional elections is set out at Article I, Section 4, clause 1, of the United States Constitution, and provides as follows: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. Under this express constitutional authority of the states to regulate the "times, places and manner" of congressional elections, the states may promulgate regulatory and administrative provisions dealing with the mechanics and procedures of the elections for congressional office which are held within their jurisdictions. This procedural and administrative authority has been found to extend to such things as, for example, the form of the ballots, the positioning of candidates' names and party affiliations on the ballot, voting procedures and mechanics, counting votes and certifying winners, and the nominating and/or petition process generally, including the authority to enact reasonable requirements and regulations for a candidate's name to appear on the ballot—that is, so-called "ballot access" requirements for major party, new party, and independent candidates. In discussing the breadth of the legislative authority in the states over the conduct of federal elections, the Supreme Court explained as follows: The subject matter is the "times, places and manner of holding elections for Senators and Representatives." It cannot be doubted that these comprehensive words embrace an authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns.... It is this authority of the states over the ballot, the structure of the ballot, and concerning so-called "ballot access" requirements for political party nominees, new party nominees, and independent candidates, that has led to the varying and different treatment and requirements for placement, removal and/or substitution of a candidate's name on the ballot, depending on the state in which the congressional election is to be held. Since these matters are generally subjects of state law, within the parameters and requirements of the United States Constitution, it is the application of the particular state law that may result in a different outcome of a withdrawal of a congressional candidate who has won a major party nomination in a primary in Texas, as opposed to a withdrawal and substitution of a party-nominated candidate for Congress in Ohio or in New Jersey, the death of a nominated candidate in Missouri, or the ability to be on the ballot in Connecticut as an independent or the nominee of a new party in a general election after losing a party primary for the same office. Although the state legislatures have broad authority under the United States Constitution concerning the procedures for federal elections within their jurisdictions, the constitutional provision expressly provides a superceding, residual authority within the Congress to legislate different provisions for federal elections held in the states. This residual authority in Congress has been found to be as extensive and complete as the state legislatures' authority over such elections within their respective jurisdictions. After discussing the breadth and extent of the states' authority over election procedures for federal office, the Supreme Court explained the authority of Congress over such elections: This view is confirmed by the second clause of Article I, section 4, which provides that "the Congress may at any time by law make or alter such regulations," with the single exception stated. The phrase "such regulations" plainly refers to regulations of the same general character that the legislature of the State is authorized to prescribe with respect to congressional elections. In exercising this power, the Congress may supplement these state regulations or may substitute its own. It may impose additional penalties for the violation of state laws or provide independent sanctions. It 'has general supervisory power over the whole subject.' Ex parte Seibold, 100 U.S. 371, 387; Ex parte Yarbrough, 110 U.S. 651, 661; Ex parte Clark, 100 U.S. 399; United States v. Mosely, 238 U.S. 383, 386; Newberry v. United States, 256 U.S. 232, 255. Despite the broad, residual and superceding authority of Congress in this area, Congress has not extensively exercised this power with respect to the procedures for federal elections in the various states. Congress has, it may be noted, legislated in this area, for example, in 1872 to assure that there will be a uniform date for the election of Representatives and Senators throughout all of the states (the Tuesday immediately following the first Monday in November in the particular, applicable even-numbered election years), and has legislated a detailed system for regulating, reporting and disclosing the campaign finances of candidates to federal office. However, as a policy matter, and under Article I, Section 4, clause 1, Congress has traditionally allowed the states, within the framework of the federal constitutional and statutory mandates, to exercise the substantive control over the procedures and administrative details of elections within their own respective jurisdictions (and the states have then often further devolved immediate administrative and supervisory control over many election procedures to local and county authorities within their jurisdictions). This policy has generally recognized the principle that because of the varying political cultures, practices, and traditions across the nation, and from state-to-state, that operational authority over most of the election mechanics is more appropriately left to the states and localities. Thus, as shown by the recent instances regarding candidate-substitutions on the ballot for the United States House of Representatives and the United States Senate, the particular procedural laws of the state in question govern the resolution of the issue. In Texas, the courts looking at the matter of the attempted withdrawal of and replacement for former Representative Tom DeLay on the ballot for the United States House of Representatives from the 22 nd district of Texas, interpreted a Texas election law, in light of the United States Constitution's qualifications requirements, to find that former Representative Tom DeLay could not be replaced on the ballot by the Republican party after Mr. DeLay had won the nomination at a primary election.