Jeffrey Quick's Blog

Yee-HA! LPO wins elections appeal.

Libertarian Party of Ohio v. J. Kenneth Blackwell (04-4215)

The LPO’s second claim, which is not moot, is that the combination of two Ohio election regulations – the requirement that all political parties nominate their candidates via primary election and the requirement that all minor political parties file a petition with the Secretary 120 days in advance of the primary – imposes an unconstitutional burden on its First and Fourteenth Amendment rights of free association, by effectively preventing it from gaining access to the general election ballot in the twelve months preceding a presidential election. Following the analytical framework set forth by the Supreme Court in Anderson v. Celebrezze, 460 U.S. 780 (1983), and its progeny, we find that the combination of these two requirements imposes a severe burden on the constitutional rights of the LPO, its members, and its potential voter-supporters. As the regulations are not narrowly tailored and do not advance a compelling state interest, Ohio’s system for registering new political parties violates the Constitution. Thus, we reverse the ruling of the district court.

and:

The State has made no clear argument regarding the precise interests it feels are protected by the regulations at issue in the case, relying instead on generalized and hypothetical interests identified in other cases. Reliance on suppositions and speculative interests is not sufficient to justify a severe burden on First Amendment rights.

This seems to me to be a pretty narrow decision. Judge Clay, in his dissent, wanted to take it farther and consider the strict application of voter law, which the majority found moot. Griffin wanted to declare the whole matter moot. Gibbons wasn't interested in telling the legislature how to run their elections, except to say that the past way wouldn't do...which probably means a lawsuit or two and some hard legislative lobbying.

Still, it's a very fine day when I see Blackwell get spanked.