799 F. Supp. 1 | D. Me. | 1992
OPINION AND ORDER
Before the Court is an action seeking injunctive relief against defendant G. William Diamond, the Secretary of State of Maine (“the State”). Plaintiffs, the Libertarian Party of Maine and 18 of its members (“the Party”), seek to force the State to place the names of the 18 members on the ballot for the 1992 general election. These members want to run for United States Congressman, state senator, or state representative. Plaintiffs also request that the Court declare certain provisions of Maine’s electoral law to be in violation of their constitutional rights. This case presents a federal question, and this Court has jurisdiction pursuant to 28 U.S.C. § 1331, 42 U.S.C. § 1983, and the First and Fourteenth Amendments of the Constitution.
BACKGROUND
In Maine a political party nominates its candidates for the general ballot by a primary election.
In January of 1991 the Libertarian Party became a political party under the laws of Maine.
The Party brought this action to force the Secretary of State to include the names of its candidates on the ballot. It claims that its First and Fourteenth Amendment rights are being violated by the State’s electoral laws. The State counters with the argument that it has a right to limit space on its ballot to those parties that have shown a modicum of support. In a conference held on August 13, 1992, the parties agreed to an expedited schedule that would resolve the matter promptly and allow the State to meet the time constraints required for printing ballots. Thé Court held a hearing on this case on August 21, 1992. For the reasons set forth below, the Court denies the Party’s requests for injunctive and declaratory relief.
STANDARD
A state’s candidate eligibility requirements have an impact on voters’ basic constitutional rights. Anderson v. Celebrezze, 460 U.S. 780, 786, 103 S.Ct. 1564, 1568, 75 L.Ed.2d 547 (1983). The freedom to engage in association in order to advance beliefs and ideals is an inseparable aspect of the liberty that is assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech. NAACP v. Alabama, 357 U.S. 449, 460, 78 S.Ct. 1163, 1170, 2 L.Ed.2d 1488 (1958). The right of a party or a citizen to a spot on the ballot is intertwined with the rights of voters and is entitled to protection. Lubin v. Panish, 415 U.S. 709, 716, 94 S.Ct. 1315, 1320, 39 L.Ed.2d 702 (1974). An individual’s right to vote is heavily burdened if he can choose from only .two parties when there are other parties demanding a place on the ballot. Williams v. Rhodes, 393 U.S. 23, 31, 89 S.Ct. 5, 10, 21 L.Ed.2d 24 (1968). The right to create new political parties derives from the First and Fourteenth Amendments and allows voters to enlarge their opportunities of expressing their political ideals. Norman v. Reed, — U.S. —, —, 112 S.Ct. 698, 705, 116 L.Ed.2d 711, 722-23 (1992).
A state’s ballot access laws are valid if they are necessary to further a compelling state interest. American Party of Texas v. White, 415 U.S. 767, 780, 94 S.Ct. 1296, 1305, 39 L.Ed.2d 744 (1974); Storer v. Brown, 415 U.S. 724, 729-33, 94 S.Ct. 1274, 1278-81, 39 L.Ed.2d 714 (1974). The constitutionality of a state’s electoral law cannot
[A] court ... must first consider the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate. It then must identify and evaluate the precise interests put forward by the State as justifications for the burden imposed by its rule. In passing judgment, the Court must not only determine the legitimacy and strength of each of those interests, it also must consider the extent to which those interest make it necessary to burden the plaintiffs rights.
Tashjian v. Republican Party of Connecticut, 479 U.S. 208, 214, 107 S.Ct. 544, 548, 93 L.Ed.2d 514 (1986) (quoting Anderson, 460 U.S. at 789, 103 S.Ct. at 1570).
States have a legitimate interest in regulating access to their ballots. Anderson, 460 U.S. at 788 n. 9, 103 S.Ct. at 1570 n. 9; Illinois State Bd. of Elections v. Socialist Workers Party, 440 U.S. 173, 184-85, 99 S.Ct. 983, 990, 59 L.Ed.2d 230 (1979); Storer, 415 U.S. at 730, 94 S.Ct. at 1279. States may seek to limit the number of candidates on a ballot in order to minimize voter confusion, reduce the chances of having a runoff election, curb “ballot flooding,” and ensure that voters can make rational selections in the exercise of their franchise. Lubin, 415 U.S. at 712-13, 94 S.Ct. at 1318. Accordingly, a state has a vital interest in requiring that a political party seeking to be placed on the ballot must demonstrate a “significant, measurable quantum of community support.” American Party of Texas, 415 U.S. at 782, 94 S.Ct. at 1307. See also Anderson, 460 U.S. at 788 n. 9, 103 S.Ct. at 1570 n. 9; Storer, 415 U.S. at 732-34, 94 S.Ct. at 1280-81; Jenness v. Fortson, 403 U.S. 431, 442, 91 S.Ct. 1970, 1976, 29 L.Ed.2d 554 (1971) (“There is surely an important state interest in requiring some preliminary showing of a significant modicum of support before printing the name of a political organization’s candidate on the ballot....”).
DISCUSSION
A.
The Party claims that its First and Fourteenth Amendment rights are being violated by Maine’s electoral laws. Specifically, it claims that these laws deny its members the right to run for public office and disenfranchise voters who want to vote for Party candidates. The State argues that it has a valid interest in limiting access to the ballot to those parties who can demonstrate a modicum of support in the community. It is true that under Maine’s laws, Libertarian Party candidates are unable to appear on the ballot in the 1992 general election. However, had the Party’s candidates submitted primary petitions with the requisite number of signatures, they would be appearing on the ballot. Two members of the Party did in fact satisfy these requirements; their names will appear on the ballot in November.
The plaintiffs claim that the signature requirements for primary petitions are a denial of their right of access to the ballot. The Court finds, however, that the requirements are not so burdensome as to work a constitutional deprivation of the Party’s rights. The record shows that there are approximately 876,000 registered voters in Maine. In Maine there are two Congressional seats, 35 state senate seats, and 151 state representative seats. If each electoral division has an equal number of voters, then each Congressional district would have approximately 438,000 voters, each state senate district would have approximately 25,000 voters, and each state representative district would have approximately 5,800 voters. The requirements for primary petition signatures for these three districts are 1,000, 100, and 25, respectively. Therefore, the numbers that an aspiring Libertarian candidate for each of these positions would need amount to 0.22%, 0.4%, and 0.43%, respectively, of the registered voters in each district.
The Party argues that these rules constitute a violation of its constitutional rights
The Court notes that section 335(2) of Title 21-A requires that only enrolled party members may sign primary petitions to nominate a candidate. The Party attacks this provision because it limits the number of people from whom it may obtain signatures. The rationale behind this type of legislation is to prevent “cross-over” raiding whereby members of one party participate in the nominating process of another in order to manipulate the outcome of the other party’s primary. Preservation of the integrity of the electoral process by preventing cross-overs is a legitimate state goal. Rosario v. Rockefeller, 410 U.S. 752, 760-62, 93 S.Ct. 1245, 1251-52, 36 L.Ed.2d 1 (1973). See also Anderson, 460 U.S. at 788 n. 9, 103 S.Ct. at 1570 n. 9; American Party of Texas, 415 U.S. at 785-86, 94 S.Ct. at 1308. The Maine provision at issue serves this legitimate state goal. The Party claims that this provision prevents the Party from complying with the signature requirements for primary petitions. The Court disagrees. The Party is unable to obtain the requisite number of signatures because it does not have the modicum of support that the State is legitimately requiring before it is allowed on the ballot. The Party’s failure to obtain access to the ballot cannot be attributed to unconstitutional electoral laws. Maine’s electoral laws pose a hurdle to ballot access that is well within the heights allowed by the Constitution.
The Party further argues that the State cannot require that a political party increase its membership so that it can satisfy the petition requirements. In support of this proposition, it cites Consumer Party v. Davis, 606 F.Supp. 1008 (E.D.Pa.1985), remanded on other grounds, 778 F.2d 140 (3rd Cir.1985). In that case the state of Pennsylvania passed legislation substantially increasing the number of signatures required by a political party to nominate candidates in primary elections. 606 F.Supp. at 1010. The effect of the statute was to prevent plaintiff, a small political party, from participating in most primaries. Id. at 1016. The court held that the statute placed the party in a “no-man’s land” because it was too small to comply with the new regulations for parties and ineligible for the regulations governing smaller political organizations known as “political bodies.” As a result, the court held the new regulations to be unconstitutional. Id. at 1019-20. The case currently before the Court presents a different factual scenario. In Consumer Party after the plaintiff had registered as a political party, the state changed the rules of the political game, to the plaintiff’s detriment. By contrast, the Libertarian Party here chose to subject itself to the Maine laws on political parties. Maine has not subsequently changed its electoral laws to the detriment of the Party.
At the hearing held on this case, the Party further argued that the laws violated its rights to equal protection. Specifically, the Party argued that while it could not get its own members on the ballot, members of non-registered parties such as the Green Party could and did get their names on the ballot by compliance with § 331(2)(C) and the terms of subchapter II
It is true that these non-registered or independent candidates could receive signatures from members of any political party.
CONCLUSION
For the above stated reasons, the Court holds that the challenged provisions of Maine’s electoral laws do not infringe upon the plaintiffs’ constitutional rights. The complaint is hereby dismissed. The Clerk shall enter judgment accordingly.
. Me.Rev.Stat.Ann. tit. 21-A, § 331(1) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 334 (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 335(2) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 335(5) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 338 (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 723(1)(A) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 331(2)(C) (West Supp.1991). A person seeking nomination by petition must withdraw his enrollment in a political party at least three months before the filing date for the nominating petition. Me.Rev. Stat.Ann. tit. 21-A, § 353 (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 354(2) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 302 (West Supp.1991).
. The Party was able to. satisfy the primary petition requirements for.two of its candidates for state representative. These two candidates will appear on the general ballot. The remaining 18 candidates are plaintiffs in this action.
. Me.Rev.Stat.Ann. tit. 21-A, §§ 351-357 (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 354(5) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 354(2) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 21-A, § 335(2) (West Supp.1991).
. Me.Rev.Stat.Ann. tit. 36, § 5283 (West 1990). The statute provides that each tax form shall contain designations of the amount to be paid over and a list of the political parties entitled to the contribution.
. At a conference held on August 13, 1992, the parties agreed that the Court should rule on whether permanent injunctive relief should be granted. It was agreed that it was not necessary to consider the issue of preliminary injunctive relief. Accordingly, this decision is on the merits.