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.

San Francisco sex workers in California filed a complaint for declaratory and injunctive relief against the district attorney, arguing that the criminalization of sex work violates several constitutional rights, including the right to sexual privacy and free speech. The Ninth Circuit rejected the sex workers’ arguments, concluding, in part, that there is no fundamental liberty interest to engage in prostitution. In addition, the Ninth Circuit relied on the lower court’s determination that there is an established link between prostitution and trafficking. A feminist opinion could offer much more insight into the nature of sex work, the question of sexual privacy, and the reliance on claims that sex work is inherently dangerous.

Solicitation of foreign interference in an election represents a betrayal of public trust because it threatens to undermine the people’s right of self-determination – a foundational norm of our constitutional order. Section 1 of the chapter focuses on candidate Trump’s solicitation of Russian email hacking during his speech in Florida in July of 2016 – a speech that set the tone for much of what was to come during the Trump presidency. Likewise, Section 2 focuses on an even more daring solicitation: President Trump’s solicitation of interference from Ukraine during a call with its President, Volodymyr Zelensky. Section 3 looks at the legal status of the domestic norm against soliciting foreign interference. This chapter argues that, for the removal of all doubt, Congress should pass a new statute criminalizing the solicitation of foreign involvement in elections. Section 4 responds to the argument that such a statute could not be applied against the President because doing so would conflict with the President’s constitutional authority to conduct foreign relations. Finally, Section 5 examines the ultimate remedy of impeachment as a tool for sanctioning a President who solicits foreign involvement in an election.