Libertarian Party of Washington v. Munro

31 F.3d 759, 1994 WL 363065
CourtCourt of Appeals for the Ninth Circuit
DecidedJuly 14, 1994
DocketNo. 92-36620
StatusPublished
Cited by12 cases

This text of 31 F.3d 759 (Libertarian Party of Washington v. Munro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Libertarian Party of Washington v. Munro, 31 F.3d 759, 1994 WL 363065 (9th Cir. 1994).

Opinion

CANBY, Circuit Judge:

The Libertarian Party of Washington appeals the district court’s grant of summary judgement in its suit under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, challenging Washington state election procedures that effectively require minor party candidates to announce their candidacies four to five weeks earlier than major party candidates. Because the challenged procedures have a rational basis and impose only a de minimis burden on the Libertarians’ constitutional rights, we affirm.

BACKGROUND

Washington state provides two methods for obtaining a place on its primary ballot, one for candidates from major parties, and one for all other candidates. A political party that fielded at least one candidate who won at least five percent of the vote in the preceding statewide election is defined as a major party. RCW § 29.01.090. Major party candidates obtain a place on the ballot by filing a declaration of candidacy between the fourth Monday in July and the following Friday. RCW §§ 29.15.010 et seq.

Parties that had no candidates who received at least five percent of the vote in the preceding statewide election are defined as minor parties. RCW § 29.01.100. To get on the ballot, minor party candidates first must be nominated at a convention held no later than approximately four weeks before the deadline for filing declarations of candidacy. RCW § 29.24.020. To nominate a candidate for statewide office, the party must obtain, at the convention, petitions signed by at least 200 registered voters; for other offices, the party must obtain petitions signed by at least 25 voters registered to vote in the district for which the nominations are made. RCW § 29.24.030. Certificates of nomination, containing the name of each candidate, along with the petitions containing the required signatures, must be forwarded to the Secretary of State no later than one week after the convention. RCW § 29.24.040.1 The Secre[761]*761tary is responsible for verifying the petition signatures and other aspects of the certificates of nomination. RCW § 29.24.060. If the certificates and signatures are in order, minor party candidates may proceed to file declarations of candidacy during the same week as major party candidates. RCW § 29.24.070.

After the filing deadline, major parties have a second opportunity to place candidates on the ballot. On the Friday after the last day for candidates to file declarations of candidacy, major parties are permitted to fill vacancies caused by the failure of any candidates to file for a particular office on their ticket. See RCW § 29.18.150. Minor parties have no similar opportunity.2

The effect of this bifurcated procedure is that minor party candidates must announce their candidacies during a nominating convention approximately four weeks before major party candidates must announce (when they file declarations of candidacy), and approximately five weeks before the major parties’ last opportunity to place candidates on the ballot by filling vacancies. The Libertarians contend that these differences violate their rights to free speech, freedom of association, and equal protection under the First and Fourteenth Amendments.

DISCUSSION

We review de novo a district court’s grant of summary judgment. Lightfoot v. Eu, 964 F.2d 865, 869 (9th Cir.1992). In evaluating the constitutionality of the ballot access regulations the Libertarians challenge, we must weigh the degree to which the regulations burden their exercise of constitutional rights against the state interests the regulations promote. Burdick v. Takushi — U.S. -, -, 112 S.Ct. 2059, 2063, 119 L.Ed.2d 245 (1992). If the burden is severe, the challenged procedures will pass muster only if they are narrowly tailored to achieve a compelling state interest. Id. If the burden is slight, the procedures will survive review as long as they have a rational basis. See id. at - - -, 112 S.Ct. at 2063-64.

I: The Early Convention Requirement

The Libertarians argue that Washington’s election schedule, which forces them to announce their candidacies a few weeks earlier than major party candidates, makes it substantially more difficult for them to obtain a place on the primary ballot than it is for major party candidates.3 To the extent that this allegation is true, there is no dispute that such a burden implicates the Libertarians’ rights. See Anderson v. Celebrezze, 460 U.S. 780, 786-88, 103 S.Ct. 1564, 1568-69, 75 L.Ed.2d 547 (1983). The issue is the severity of the handicap.

A

In determining the nature and magnitude of the burden that Washington’s election procedures impose on the Libertarians, [762]*762we must examine the entire scheme regulating ballot access. See Mandel v. Bradley, 432 U.S. 173, 177-78, 97 S.Ct. 2238, 2241, 53 L.Ed.2d 199 (1977) (per curium). The question is whether “reasonably diligent” minor party candidates can normally gain a place on the ballot, or if instead they only rarely will succeed. Storer v. Brown, 415 U.S. 724, 742, 94 S.Ct. 1274, 1285, 39 L.Ed.2d 714 (1974). The Libertarians have the initial burden of showing that Washington’s ballot access requirements seriously restrict the availability of political opportunity. American Party of Texas v. White, 415 U.S. 767, 781, 94 S.Ct. 1296, 1306, 39 L.Ed.2d 744 (1974).

In this regard, the Libertarians are short on specifies, relying primarily on a strained analogy between Washington’s ballot access procedures and the laws at issue in Anderson v. Celebrezze. Anderson involved a challenge to Ohio laws requiring independent candidates to file petitions signed by at least 5,000 voters five months before major parties chose their candidates, and nearly eight months before the general election. See 460 U.S. at 782-83, 103 S.Ct. at 1566. In overturning those requirements, the Court concluded that:

An early filing deadline may have a substantial impact on independent-minded voters.

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Libertarian Party Of Washington v. Munro
31 F.3d 759 (Ninth Circuit, 1994)

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31 F.3d 759, 1994 WL 363065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/libertarian-party-of-washington-v-munro-ca9-1994.