On April 19, the Third Circuit issued an opinion in Wilmoth v Secretary of State of New Jersey, 17-1925. The issue is New Jersey’s law that requires petitioners to be registered voters in New Jersey. The two plaintiffs, Shawn Wilmoth and Trenton Pool, had brought the lawsuit in 2016. They each wanted to circulate presidential primary petitions in New Jersey, but they are not New Jersey residents.

The U.S. District Court had upheld the law on March 24, 2017, and didn’t even bother to write an opinion. The U.S. District Court Judge was Peter Sheridan, a Bush Jr. appointee.

The Third Circuit sent the case back for evidence-gathering. However the Third Circuit also said that the U.S. District Court must apply strict scrutiny. This means that the law is invalid unless New Jersey can prove that it has a compelling need to bar out-of-staters. The Third Circuit wrote, “The complaint in this action presents a plausible claim that the New Jersey law infringes out-of-state circulators’ First Amendment rights.”

So far in this case, New Jersey’s only argument in defense of its law is that it is needed to protect the associational rights of political parties. This argument seems very weak, because Wilmoth, who wanted to work for a Democratic presidential candidate, alleged that he is a Democrat. Similarly, Pool, who wanted to work for a Republican presidential candidate, alleged that he is a Republican.

The Third Circuit decision is by Judge Thomas Valaskie, an Obama appointee. It is signed by Judge Thomas Hardiman, a Bush Jr. appointee, and Patty Shwartz, an Obama appointee.