Green Party of Tennessee v. Tre Hargett
791 F.3d 684
6th Cir.2015Background
- Tennessee law creates two paths for ballot access: "statewide political party" (auto-placement if a party has a candidate who received ≥5% in the last four calendar years) and "recognized minor party" (placement for the current year after petitions equal to ≥2.5% of last gubernatorial votes).
- A 2012 amendment required recognized minor parties to meet the statewide 5% vote threshold within one year to retain recognition; statewide parties effectively have four years to meet the same 5% benchmark.
- Tennessee also requires parties to file an affidavit (a loyalty oath) affirming they do not advocate overthrow of government by force before nominees appear on the ballot (Tenn. Code § 2-1-114).
- The Green Party of Tennessee and the Constitution Party sued, claiming the access and retention rules violate the First and Fourteenth Amendments and that the loyalty-oath statute is unconstitutional.
- The district court granted plaintiffs summary judgment on all claims and awarded attorney’s fees with a 50% enhancement; defendants appealed.
- The Sixth Circuit affirmed in part, vacated in part, and remanded: it upheld the Equal Protection challenge to the retention statute and the invalidation of the loyalty-oath provision, vacated the First Amendment summary judgment on the access/retention statutes, and affirmed the 50% fee enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ballot-access/retention scheme for recognized minor parties unduly burdens First Amendment associational rights | Statutes (2.5% access + one-year 5% retention) jointly burden minor parties’ right to form/develop parties and secure ballot access | Statutes are reasonable regulations; prior cases limit relief; distinctions between party types justify rules | Vacated district court’s First Amendment grant as to §§ 2-1-104(a)(23) and 2-13-107(f); remanded for further proceedings (court did not resolve the First Amendment claim) |
| Whether retention statute violates Equal Protection by giving statewide parties four years but recognized minor parties one year to meet 5% threshold | Denying minor parties four years imposes heavier burden and freezes status quo, violating equal protection | State treats different party types differently; differences justify different burdens | Affirmed: retention statute (§ 2-13-107(f)) violates Equal Protection because it imposes a greater, unjustified burden on minor parties |
| Whether loyalty-oath affidavit (§ 2-1-114) violates First Amendment | Loyalty oath chills speech/association; analogous to Communist Party precedent invalidating such oaths | Statute is a legitimate qualification for ballot participation and prevents violent/illegal advocacy | Affirmed in part: § 2-1-114(1) (loyalty oath) violates the First Amendment; reversed as to § 2-1-114(2) filing requirement (upheld) |
| Whether district court abused discretion by enhancing attorney’s fees by 50% | Fee enhancement appropriate given repeated, protracted litigation and common core of claims | Enhancement excessive or unsupported | Affirmed: 50% enhancement was within district court’s discretion under § 1988 and Perdue standards |
Key Cases Cited
- Anderson v. Celebrezze, 460 U.S. 780 (1983) (framework for evaluating burdens on voting/ballot access)
- Burdick v. Takushi, 504 U.S. 428 (1992) (balancing test for election-law burdens; severity determines scrutiny)
- Communist Party of Ind. v. Whitcomb, 414 U.S. 441 (1974) (struck down loyalty-oath requirement for ballot access)
- Jenness v. Fortson, 403 U.S. 431 (1971) (recognizes legitimate differences between established and new parties in access rules)
- Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598 (2001) (definition of "prevailing party" for fee awards)
- Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (2010) (standards for enhancing fee awards)
- Green Party of Tenn. v. Hargett, 767 F.3d 533 (6th Cir. 2014) (prior Sixth Circuit decision applying Anderson-Burdick to Tennessee ballot-law disputes)
- Green Party of Tenn. v. Hargett, 700 F.3d 816 (6th Cir. 2012) (earlier appellate decision in same litigation series)