Charlestown Democratic Town Committee v. Connell

789 F. Supp. 517, 1992 U.S. Dist. LEXIS 5322, 1992 WL 76775
CourtDistrict Court, D. Rhode Island
DecidedApril 1, 1992
DocketCiv. A. 89-0360 P
StatusPublished
Cited by3 cases

This text of 789 F. Supp. 517 (Charlestown Democratic Town Committee v. Connell) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charlestown Democratic Town Committee v. Connell, 789 F. Supp. 517, 1992 U.S. Dist. LEXIS 5322, 1992 WL 76775 (D.R.I. 1992).

Opinion

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

Plaintiffs in this case challenge various sections of Rhode Island election laws as violative of the First Amendment. The challenged sections allow only legislative district committees to file endorsements for candidates to the state legislature with the Board of Canvassers, limit the number of members on legislative district committees, mandate delegate status to certain party officials at state conventions, and specify certain town committee election procedures. As discussed below, plaintiffs do not satisfy essential standing requirements; the Court dismisses the case without prejudice.

I

The Charlestown Democratic Town Committee is one of thirty-one Democratic town committees in Rhode Island. The three individually-named plaintiffs are members of the Charlestown Democratic Town Committee — two of whom hold offices in that town committee. Plaintiffs brought suit against Kathleen S. Connell, Rhode Island Secretary of State, and the Rhode Island Board of Elections. Two additional groups intervened. as defendants — the Rhode Island Democratic State Committee and four individual intervenors who are involved in state Democratic politics.

Plaintiffs sued for declaratory and in-junctive relief under 28 U.S.C. § 1331, 28 U.S.C. § 1343(a)(3), 42 U.S.C. § 1983, and 28 U.S.C. § 2201 seeking to vindicate their asserted First Amendment rights of freedom of speech and association. 1

Plaintiffs divide their challenge into three basic categories. First, plaintiffs challenge R.I.Gen.Laws §§ 17-12-7 and 17-12-ll(b). Section 17-12-7 specifies the number of members any legislative district committee can have. 2 Section 17-12-ll(b) mandates that only legislative district committees may officially file candidate endorsements for the state legislature. 3 *519 Plaintiffs maintain that these two statutes interfere with their rights to determine for themselves the manner in which they endorse candidates for state elected office.

The second challenge centers on R.I.Gen. Law § 17-12-13; this statute gives automatic delegate status to particular party officials at state conventions. 4 Plaintiffs contend that this selection of automatic delegates to the state convention violates their right to free association.

The third category of plaintiffs’ challenge involves R.I.Gen.Laws §§ 17-12-6 and 17-12-9. Section 17-12-6 mandates that town committees be elected biennially; 5 section 17-12-9 compels the town committee to organize in January of odd years. 6 Plaintiffs challenge these sections for interfering with the internal governance of political parties.

II

Unquestionably, the First Amendment protects the internal workings of political parties. “Our form of government is built on the premise that every citizen shall have the right to engage in political expression and association.” Sweezy v. New Hampshire, 354 U.S. 234, 250, 77 S.Ct. 1203, 1212, 1 L.Ed.2d 1311 (1957). Because political parties play a crucial role in political expression, political parties and individuals in those parties hold First Amendment rights. See Tashjian v. Republican Party of Connecticut, 479 U.S. 208, 215-16, 107 S.Ct. 544, 548-49, 93 L.Ed.2d 514 (1986); Democratic Party of the United States v. Wisconsin ex rel. LaFollette, 450 U.S. 107, 101 S.Ct. 1010, 67 L.Ed.2d 82 (1981). Courts have “placed the internal workings of a political party squarely within the protection of the First Amendment.” Ripon Society, Inc. v. National Republican Party, 525 F.2d 567, 586 (D.C.Cir.1975), cert. denied, 424 U.S. 933, 96 S.Ct. 1147, 47 L.Ed.2d 341 (1976).

The state power to regulate the time, place, and manner of elections does not curtail the application of the First Amendment. Eu v. San Francisco County Democratic Cent. Comm., 489 U.S. 214, 222, 109 S.Ct. 1013, 1019, 103 L.Ed.2d 271 (1989) [hereinafter Eu II]; Tashjian, 479 U.S. at 217, 107 S.Ct. at 550. “Constitutional challenges to specific provisions of a State’s election laws ... cannot be resolved by any ‘litmus-paper test’ that will separate valid from invalid restrictions.” Anderson v. Celebrezze, 460 U.S. 780, 789, 103 S.Ct. 1564, 1570, 75 L.Ed.2d 547 (1983); see also Tashjian, 479 U.S. at 215, 107 S.Ct. at 548. Any challenge to state election laws requires the Court to examine the particularities of Rhode Island politics and elections.

Ill

A. THE POLITICS OF POLITICAL COMMITTEES

Rhode Island politics revolves around various levels of political party committees. An overview of the political landscape requires a brief explanation of how each type of committee functions.

*520 1. State Committees

In Rhode Island, a state committee heads both political parties. 7 The state committees themselves determine how members are elected or chosen. The Democratic State Committee consists of approximately 200 members, one man and one woman from each of the 100 representative districts in the state. The Democratic Party elects members to the state committee through local primaries. The state committee may endorse candidates for congress, state general offices, and local offices (if local committees fail to endorse a candidate). R.I.Gen.Laws § 17-12-4. The state committee promulgates the internal rules for all other political committees of the party. R.I.Gen.Laws § 17-12-2.

2. City and Town Committees

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Cite This Page — Counsel Stack

Bluebook (online)
789 F. Supp. 517, 1992 U.S. Dist. LEXIS 5322, 1992 WL 76775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlestown-democratic-town-committee-v-connell-rid-1992.