Greg Jolivette v. Jon Husted
2012 U.S. App. LEXIS 19371
| 6th Cir. | 2012Background
- Jolivette sought to appear on the November 2012 ballot as an independent candidate for Ohio’s 51st House District; the Butler County Board of Elections and Secretary Husted disqualified him based on a finding he was not unaffiliated.
- He previously served as a Republican state legislator and county commissioner and remained affiliated with the Republican Party at the time he filed his independent petition, with signature issues and a prior Republican petition prompting questions about good faith.
- Jolivette filed a declaration and nominating petition in February–March 2012 to run as independent; he amended treasurer designation to independent in May 2012 and maintained party-linked campaign materials around filing.
- A May 30, 2012 protest hearing produced a tie, which Husted resolved on June 26, 2012 by disqualifying Jolivette as independent; ruling relied on Jolivette’s past GOP involvement and apparent lack of genuine disaffiliation.
- The district court denied Jolivette’s request for declaratory and injunctive relief; the Sixth Circuit affirmed, holding Ohio’s good-faith disaffiliation standard constitutional and applying appropriate First Amendment and Equal Protection analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| First Amendment challenge to independent ballot access | Jolivette argues disqualification violates free speech/association | Husted/Board argue good-faith disaffiliation is a reasonable regulation | Affirmed district court; §3513.257 survives as a limited burden on association. |
| Equal Protection challenge to different rules for independents vs partisans | Independent vs partisan processes are not similarly situated | Paths to ballot are constitutionally distinguishable; disparities permissible | Affirmed district court; independent/partisan pathways not similarly situated; no EP violation. |
| Vagueness argument regarding standards for independence | Statutory standards lack objective guidelines | Not imperative as issue waived; standard is avoidable by constitutionality ruling | Not considered on appeal; waived. |
Key Cases Cited
- Morrison v. Colley, 467 F.3d 503 (6th Cir. 2006) (upheld good-faith requirement in independent candidacy case)
- Storer v. Brown, 415 U.S. 724 (U.S. 1974) (state may regulate ballot access to prevent disorder)
- Timmons v. Twin Cities Area New Party, 520 U.S. 351 (U.S. 1997) (established burden-scrutiny framework for election regulations)
- Burdick v. Takushi, 504 U.S. 428 (U.S. 1992) (balancing test for voting/election regulations)
- Jenness v. Fortson, 403 U.S. 431 (U.S. 1971) (independent vs partisan ballot pathways not inherently comparable)
- Anderson v. Celebrezze, 460 U.S. 780 (U.S. 1983) (First Amendment protection for political association; framework for evaluating ballot access)