U.S. District Court Enjoins Delaware Law Requiring Disclosure of Donors to Groups that Make Independent Expenditures

Posted on by April 1, 2014
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On March 31, U.S. District Court Judge Sue Robinson enjoined a Delaware campaign finance law passed in 2012. Delaware Strong Families v Biden, 1:13cv-1746. The law requires groups that spend at least $500 to comment on candidates for state office, to disclose the names of everyone who contributes at least $100 to that group.

If the law only concerned commentary that urges voters to vote for or against candidates, it probably would have not have been enjoined. But the Delaware law even applies to groups that publish neutral commentary or information about candidates. In this particular case, the group just wanted to publish a voter guide.

Eleventh Circuit Denies Georgia’s Request for a Re-hearing in Green/Constitution Party Presidential Ballot Access Case

Posted on by April 1, 2014
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On March 28, the Eleventh Circuit denied a request from Georgia to rehear Green Party of Georgia v Kemp, 13-11816. The state’s request had been pending since January 27. The issue is whether Georgia’s ballot access procedures for president (for minor parties and independent candidates) is too difficult. A petition of 1% of the number of registered voters is required, and each petition sheet must be notarized. Approximately 50,000 signatures are required. No one has completed that petition in Georgia in 14 years.

The U.S. District Court had upheld the law without even waiting for evidence to be entered into the record, but the 11th circuit had sent the case back to the U.S. District Court, with language indicating that the requirement is somewhat likely to be unconstitutional. Now the U.S. District Court will hold a trial.

New Jersey State Court Strikes Down Some Residency Requirements for Petitioners

Posted on by March 31, 2014
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On March 31,a Mercer County Superior Court struck down some New Jersey restrictions on who can circulate a petition. Here is the 48-page opinion in Empower our Neighborhoods v Guadagno, L-3148-11.

In 2007, in a case filed by several minor parties, in-district residency requirements for circulators of independent candidate petitions for federal and state office had been struck down (the state had conceded the requirements were unconstitutional, no so decision was actually issued). In the Empower Our Neighborhoods case, in-district residency requirements for circulators in partisan county and city elections are also struck down. The decision also strikes down in-district residency requirements for recall petitions and petitions to place someone on a primary ballot.

However, the decision upholds the requirement that circulators of a primary petition must be a member of the same party. The decision does not decide whether out-of-state residents should be allowed to circulate petitions in New Jersey, nor does it decide whether non-citizens, or persons aged 16-18 should be allowed to be circulators.

The New Jersey Republican Party, which was a defendant along with the Secretary of State, vigorously tried to defend the law that doesn’t let anyone circulate a primary petition unless that circulator lives in the district, but that requirement was still struck down. Thanks to Flavio Komuves for the link.

Iowa Supreme Court to Hear Primary Ballot Access Case

Posted on by March 31, 2014
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On March 29, the Iowa Supreme Court agreed to hear Narcisse v Iowa Secretary of State, 14-0512. The issue is whether Jonathan Narcisse should be on the June 3 Democratic primary ballot as a candidate for Governor. If he does not get on that ballot, there will be only one candidate listed for Governor for Democrats.

Jonathan Narcisse needed 4,113 signatures, by March 14. He submitted 383 petition sheets. However, on 35 of his sheets, the blank line that asks what the candidate is running for was not filled in. As a result, he is eleven signatures short of qualifying. A lower state court refused to put him on the ballot. The three individuals who circulated the petitions with the missing information testified in court that they always explained to potential signers what Narcisse is running for. The lower court said evidence of that type cannot be considered.

In the Iowa Supreme Court, the briefs from both sides are due on March 31 at noon, and it is possible the court will issue an opinion within the next few days. The state would prefer to start printing primary ballots on March 31 but will probably wait a few days.

Narcisse points out that in 2012, a Democratic candidate for State Senator submitted some petition sheets that omitted his county of residence, and he was still permitted to be on the primary ballot.