U.S. District Court Sets Hearing in New Jersey Case Over Out-of-State Circulators for Primary Petitions

On May 22, U.S. District Court Judge Peter G. Sheridan issued an order in Wilmoth v Guadagno, a New Jersey case over the state’s ban on out-of-state circulators for primary petitions. New Jersey no longer limits out-of-state circulators for general election petitions. The state says the ban on out-of-state circulators for primary petitions is to protect the associational rights of political parties.

Judge Sheridan had upheld the law on March 24, 2017, but on April 19, 2018, the Third Circuit had remanded the case back to him, and said that he must apply strict scrutiny. On May 22, 2020, Judge Sheridan said a hearing is needed to develop facts. It will be July 22, 23, and 27.

This is one of the oldest ballot access cases in the nation. It was filed in early 2016.


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