U.S. District Court Enjoins Out-of-State Circulator Ban for Presidential Primary Petitions, at Least as Applied to Shawn Wilmoth

On March 1, U.S. District Court Judge Janet C. Hall granted a temporary restraining order, prohibiting the Connecticut Secretary of State from blocking Shawn Wilmoth from circulating a presidential primary petition for Rocky De La Fuente. Wilmoth v Merrill, 16-cv-223. The order is one page and says, “The Secretary is enjoined from enforcing sections 9-468, 9-410(c), and 9-412 of the Connecticut General Statutes, to the extent that these sections impose an in-state residency restriction upon Wilmoth’s circulation of petitions to seek Rocky De La Fuente’s inclusion on the ballot for the 2016 Democratic primary election for President.”

Although the same judge, on January 27, 2016, had enjoined Connecticut’s out-of-state circulator ban for general election petitions, this new order is still somewhat surprising. The state had argued that the ban on out-of-state circulators for primary petitioners is intended to protect political parties from outside interference. In this case, however, the Democratic Party didn’t intervene to “protect” itself against out-of-state circulators. And Wilmoth had presented evidence that even though he lives in Michigan, not Connecticut, he is a Democrat.

Another hearing will be held in this case on March 10 at 4 p.m.


Comments

U.S. District Court Enjoins Out-of-State Circulator Ban for Presidential Primary Petitions, at Least as Applied to Shawn Wilmoth — 5 Comments

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