60 F. Supp. 3d 1043
D.S.D.2014Background
- SDLP certified its bylaws with the SD Secretary of State; bylaw requires party membership at nomination.
- Gaddy sought SDLP nomination for Public Utilities Commissioner but was not yet a Libertarian member when nominated.
- Gaddy changed voter registration to Libertarian on August 9, 2014; county auditor received change on August 13, 2014; registration effective upon receipt.
- Secretary rejected Gaddy’s nomination due to not being a Libertarian member at nomination; SDCL § 12-6-3.2 applies.
- Plaintiffs sought a declaration of unconstitutionality of SDCL § 12-6-3.2 and to place Gaddy on the ballot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of SDCL § 12-6-3.2 | SDLP argues strict scrutiny applies under Tashjian. | State bears minimal burden; framework from Anderson/Clingman applies. | Constitutional; not strict scrutiny; minimal burden sufficient. |
| Burden on voters and parties | Affiliation requirement burdens associational rights of voters and party. | Burden is minimal and justified by state interests in party integrity. | Burden minimal; state interests justify regulation. |
| Relief sought and Rule 12(b)(6) viability | Plaintiffs seek declaratory and injunctive relief to place Gaddy on ballot. | No live issues remain for relief; dismissal appropriate. | Dismissal granted; no relief remains. |
Key Cases Cited
- Storer v. Brown, 415 U.S. 724 (1974) (upholds strong state interests in ballot access regulations)
- Anderson v. Celebrezze, 460 U.S. 780 (1983) (balancing test for ballot access; voters' rights central)
- Tashjian v. Republican Party of Connecticut, 479 U.S. 208 (1986) (limits on party regulation; not all burdens trigger strict scrutiny)
- Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997) (minimal burden on associational rights may be constitutional)
- Clingman v. Beaver, 544 U.S. 581 (2005) (distinguishes minimal vs. severe burdens; upholds certain regulated access)
- Burdick v. Takushi, 504 U.S. 428 (1992) (burden levels on First Amendment rights determine standard of review)
- Rosario v. Rockefeller, 410 U.S. 752 (1973) (discussed in context of party regulation to prevent disorganization)