The Third Circuit hears Wilmuth v Guadagno, 17-1925, on Tuesday, January 23. The issue is New Jersey’s ban on out-of-state circulators for primary election petitions. The lower court had upheld the ban, on the theory that the Democratic and Republican Parties (the only parties that hold primaries in New Jersey) don’t want out-of-state circulators for candidates in their primaries. However, neither major party has ever expressed an opinion; the U.S. District Court just assumed that the major parties don’t want out-of-state circulators.

The plaintiff, Shawn Wilmuth, wanted to circulate presidential primary petitions for Republican presidential candidates in the 2016 primary. He says he is a Republican himself, but because he lives in Michigan, he was not permitted to work in New Jersey.

The three judges will be Thomas Hardiman (a Bush Jr. appointee), and Thomas Vanaskie and Patty Shwartz (Obama appointees).