On October 8, U.S. District Court Judge William E. Smith, a Bush, Jr. appointee, issued an injunction against a law that says voters may only sign one nominating petition for each office. The effect of the ruling is to place Hipolito Fontes on the non-partisan ballot for Mayor of Central Falls, Rhode Island. The election is November 3, 2009.
Central Falls says candidates for Mayor need 200 signatures, and voters may only sign for one candidate. When a voter signs two petitions for the same office, that signature counts for the candidate who submitted the petition first. The case is Fontes v City of Central Falls, 09-437. Here is the order.
The opinion says the law “is not necessary to further the government’s state interests in reducing ballot clutter or in demonstrating a candidate’s support in the community…Defendants have failed to offer any evidence demonstrating how the first to file rule eliminates chaos and clutter in elections.”