Partial Win In Lawsuit Against Pennsylvania Ban on Out-of-State Circulators in Primary Elections

On February 24, the Third Circuit issued an opinion in Benezet Consulting v Secretary of Commonwealth of Pennsylvania, 20-2976. This case concerns Pennsylvania’s ban on out-of-state circulators for petitions to get candidates on primary ballots. The lower court had invalidated the law, but only as applied to the 2020 election. The Third Circuit expanded that ruling so that it includes future elections as well. However, the relief is limited the the plaintiffs who filed the case. The Third Circuit did not expand the relief to others, because it concludes that the ban is only unconstitutional as applied to petitioners who are members of the same political party that they are working for (albeit members of the same party in another state).

It seems that any other petitioners can get similar relief, if they show that they are willing to submit to the jurisdiction of Pennsylvania courts should anyone question their work, and if they are members of the same party as the candidate they are working for.

The decision will be published. It is written by Judge L. Felipe Restrepo, an Obama appointee. It is also signed by Judge Theodore McKee, a Clinton appointee; and Judge Jane Roth, a Bush Jr. appointee.


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