Libertarian Party of Ohio v. Blackwell
United States Court of Appeals for the Sixth Circuit
462 F.3d 579 (2006)
- Written by Kelly Simon, JD
Facts
Ohio election regulations required that all political parties nominate candidates through a primary election. Minor political parties that failed to receive at least 5 percent of the vote for a chosen candidate for governor or president filed a petition with the secretary of state 120 days before the primary election. To be included on Ohio’s November 2004 general election ballot, a minor political party needed to file its petition on November 3, 2003—365 days before the 2004 general election. The Libertarian Party of Ohio (LPO) (plaintiff) failed to qualify as a political party and was unable to participate in the March 2004 primary election in Ohio. Accordingly, the LPO and its candidates were prevented from taking part in the November 2004 general election. In January 2004, the LPO filed suit against Ohio Secretary of State J. Kenneth Blackwell (defendant), arguing that Ohio’s regulations violated the LPO’s constitutional right to freedom of association protected by the First and Fourteenth Amendments and requested a declaratory judgment and injunctive relief. LPO and Blackwell filed cross motions for summary judgment. The federal district court granted Blackwell’s motion and denied LPO’s motion. The LPO appealed.
Rule of Law
Issue
Holding and Reasoning (Gibbons, J.)
Dissent (Griffin, J)
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