Council of Alternative Political Parties v. Hooks
| Decision Date | 01 June 1999 |
| Docket Number | No. 98-5256,98-5256 |
| Citation | 179 F.3d 64 |
| Parties | THE COUNCIL OF ALTERNATIVE POLITICAL PARTIES, Green Party of NJ, Natural Law Party, NJ Conservative Party, NJ Libertarian Party, U.S. Taxpayers Party of New Jersey, Albert Larotonda, Gary Novosielski, Madelyn Hoffman, Jim Mohn, Mary Jo Christian, Jeffrey M. Levine, Tom Blomquist, Bernard Sobolewski, Sal Duscio, Anne Stommel, Leonard Flynn, John Paff, Michael Buoncristiano, Emerson Ellett, Charles Novins, Lowell T. Patterson, Eugene R. Christian, Scott Jones, Richard S. Hester, Sr., Barbara Hester, Austin S. Lett, Arnold Kokans, Leona Lavone, Shirley Boncheff, Christian Zegler, Victoria Spruiell, Harley Tyler, v. Lonna R. HOOKS, Secretary of State of the State of New Jersey, in her official capacity and her successors, Appellant |
| Court | U.S. Court of Appeals — Third Circuit |
On Appeal from the United States District Court for the District of New Jersey (D.C. No. 97-cv-01966) (District Judge: Honorable Mary Little Cooper)
Peter Verniero, Attorney General of New Jersey, Joseph L. Yannotti, Assistant Attorney General of Counsel, Donna Kelly (Argued), Senior Deputy Attorney General, Trenton, New Jersey, for Defendant-Appellant.
Lenora M. Lapidus, David R. Rocah (Argued), American Civil Liberties Union of New Jersey, Newark, New Jersey, for Plaintiffs-Appellees.
Before: SCIRICA, ALITO, Circuit Judges, and GREEN, Senior District Judge *
This appeal concerns the constitutionality of a provision of New Jersey's election law, N.J.S.A. § 19:13-9, that, as recently amended, requires independent and so-called "alternative political party" candidates seeking access to the general election ballot to file nominating petitions by the day of the primary election. Because we conclude that the filing deadline is a reasonable, nondiscriminatory regulation, justified by New Jersey's important regulatory interests, we reverse the decision of the District Court declaring § 19:13-9 unconstitutional and enjoining its operation.
The plaintiffs in this case--the Council of Alternative Political Parties, various alternative political parties, 1 several candidates for elective office, and several voters--commenced this action on April 8, 1997, pursuant to 42 U.S.C. § 1983, alleging that the filing deadline set out in N.J.S.A. § 19:13-9 (amended 1999) imposed a "severe" burden on the right to vote, the right to free association, and the right to the equal protection of laws under the First and Fourteenth Amendments. (See Amended Complaint, May 23, 1997, at 18-20). At that time, N.J.S.A. § 19:13-9 required all candidates seeking a place on the general election ballot to file nominating petitions 54 days before the primary election. On May 9, 1997, the plaintiffs moved for a preliminary injunction to restrain the Secretary of State from refusing to accept nominating petitions submitted after the filing deadline. 2 The District Court denied their motion on June 17, 1997, finding that although the plaintiffs were likely to succeed on the merits and would be irreparably harmed if relief were not granted, the State would be more severely harmed, and the public interest disfavored such relief.
The plaintiffs filed a timely appeal on June 23, 1997, seeking an expedited review and an injunction pending appeal. This Court granted their request for expedited review and heard argument on July 21, 1997. Relying primarily on the Supreme Court's decision in Anderson v. Celebrezze, 460 U.S. 780, 103 S.Ct. 1564, 75 L.Ed.2d 547 (1983), a panel of this Court (the "prior panel") concluded that the plaintiffs were likely to succeed on the merits and that the remaining preliminary injunction factors favored granting their prayer for relief. Council of Alternative Political Parties v. Hooks, 121 F.3d 876, 884 (3d Cir.1997). The prior panel therefore reversed the decision of the District Court and ordered the entry of preliminary relief in favor of the plaintiffs. 3 Id. Pursuant to an interim consent order, the parties agreed to extend the 1998 filing deadline from April 9 to July 27, 1998.
The plaintiffs then moved for summary judgment. Premising its ruling on the prior panel's decision and concluding that there were no genuine issues of material fact, the District Court granted the plaintiffs' motion. See Council of Alternative Political Parties v. Hooks, 999 F.Supp. 607 (D.N.J.1998). The State then took this appeal, and we heard argument on November 4, 1998. On December 24, 1998, after we heard oral argument, the New Jersey Legislature amended section 19:13-9, effective January 1, 1999, so that nominating petitions are no longer due 54 days before the primary, as they were under the version of the law examined by the District Court and the prior panel, but are due by the day of the primary. In light of this amendment, we requested additional briefing from the parties on whether New Jersey's recently amendedfiling deadline violates plaintiffs' First and Fourteenth Amendment rights. Although plaintiffs acknowledge that "the amended statute is an improvement over the former statute," they assert that "it continues to impose an unconstitutional burden on alternative political party candidates and is not justified by any legitimate state interest." Appellees' Supplemental Br. at 1. The State, on the other hand, asserts that the amended statute is "equally constitutional" to the prior statutory deadline and is "illustrative that New Jersey has a viable and open electoral process...." Appellant's Supplemental Br. at 3.
In determining whether New Jersey's amended filing deadline imposes an unconstitutional burden on plaintiffs' rights, we begin by examining New Jersey's ballot access scheme in its entirety. Williams v. Rhodes, 393 U.S. 23, 34 ----, 89 S.Ct. 5, 21 L.Ed.2d 24(1968); Rainbow Coalition of Oklahoma v. Oklahoma State Election Bd., 844 F.2d 740, 741 (10th Cir.1988).
Under New Jersey law, the general election for candidates seeking statewide or local office takes place on the first Tuesday after the first Monday in November, N.J.S.A. § 19:2-3, and the primary election takes place on the first Tuesday after the first Monday in June. See N.J.S.A. § 19:2-1; see also N.J.S.A. § 19:1-1 (). To obtain placement on the November general election ballot for statewide or local office, 4 a candidate may take one of the two mutually exclusive routes: the primary election process or the petition process.
The first route, the primary election process, is available only to candidates representing a "political party," as defined under New Jersey's election law. See N.J.S.A. § 19:1-1. Under that law, a "political party" is any party that garners at least 10% of the votes cast in the last general election for the office of the member of the General Assembly. Id. At present, the only recognized political parties in New Jersey are the Democratic and Republican parties.
Candidates participating in the primary election process begin their electoral involvement by filing nominating petitions at least 54 days before the primary election. See N.J.S.A. § 19:23-14. Petition forms are made available in late December to early January, but candidates are free to create their own forms and to begin soliciting signatures at any time. See N.J.S.A. § 19:23-7 (contents of petition).
The number of eligible voters required to sign a nominating petition varies, depending on the office sought. For instance, candidates running for Governor or United States Senator must obtain the signatures of 1,000 voters. See N.J.S.A. § 19:23-8. The number of signatures required for candidates seeking other state offices is even less: generally, candidates need collect only 100 signatures, and in some cases, 50 signatures is all that is required. 5 See id. If the statutory requirements are met, candidates' names appear on the June primary election ballot, and if they are successful, their names are listed on the general election ballot.
Candidates not affiliated with one of the "political parties"--which we will call alternative political party candidates--must make use of the petition process. See generally N.J.S.A. § 19:13-3 to 13 (). 6 Prior to the recent amendment, this route required alternative political party candidates, like the political party candidates, to file nominating petitions 54 days before the primary election. The amended version, however, allows alternative political party candidates to file nominating petitions by the date of the primary. See N.J.S.A. § 19:13-9. In other words, while political party candidates must file their nominating petitions in early April, alternative political party candidates are given an additional 54 days in which to file, and thus their nominating petitions are due in early June.
The other statutory requirements are generally the same as the ones applicable to political party candidates, but there are a few additional differences that require mention. First, alternative political party candidates may solicit signatures from all registered voters, regardless of their political affiliation. See N.J.S.A. § 19:13-5. Second, alternative political party gubernatorial candidates are required to gather only 800 signatures, whereas major party gubernatorial candidates, as previously noted, must collect 1,000 signatures. Id. Last, upon meeting these requirements, alternative political party candidates bypass the primary election and proceed directly to the general election. Moreover, since New Jersey voters are always free to write in the name of the candidate of their choice, N.J.S.A. § 19:48-1(m), alternative political party candidates who are unable to have their names placed on the general election ballot...
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