Libertarian Party v. Alison Lundergan Grimes

164 F. Supp. 3d 945, 2016 WL 716919, 2016 U.S. Dist. LEXIS 21775
CourtDistrict Court, E.D. Kentucky
DecidedFebruary 22, 2016
DocketCivil No. 3:15-cv-00086-GFVT
StatusPublished
Cited by2 cases

This text of 164 F. Supp. 3d 945 (Libertarian Party v. Alison Lundergan Grimes) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Libertarian Party v. Alison Lundergan Grimes, 164 F. Supp. 3d 945, 2016 WL 716919, 2016 U.S. Dist. LEXIS 21775 (E.D. Ky. 2016).

Opinion

[947]*947MEMORANDUM OPINION & ORDER

Gregory F. Van Tatenhove, United States District Judge

In this action, the Libertarian Party and Constitution Party challenge Kentucky’s ballot access' regime for political bodies other than the Republican and Democratic Parties. The Plaintiffs specifically take issue with the available method that political bodies must follow in order to obtain ballot access generally under Kentucky law, and they assert violations of their members’ constitutional rights under the current ballot access regime. The Libertarian Party and other Plaintiffs have sued the Commonwealth’s Attorney General, Secretary of State, and various members of the State Board of Elections in their official capacities for a declaration of rights and permanent injunctive relief. All of the Defendants have moved to dismiss the Plaintiffs’ claims, arguing their Eleventh Amendment immunity precludes this lawsuit. For the reasons stated below, the Court GRANTS Attorney General Beshear’s motion to dismiss but DENIES Secretary Grimes’ and the KSBE’s.1

I

A

Kentucky law sets forth three categories of political bodies: political parties, political organizations, and political groups. A political party is defined as an “organization of electors representing a political policy and having a constituted authority for its government and regulation, and whose candidate received at least twenty percent (20%) of the total vote cast at the last preceding election at which presidential electors were voted for.” KRS § 118.105(1). A political organization is defined as “a political group not constituting a political party ... but whose candidate received two percent (2%) or more of the vote of the state at the last preceding election for presidential electors.” KRS § 118.105(8). Finally, a political group is defined as “a political group not constituting a political party or a political organization.” KRS § 118.105(9).

Pursuant to KRS § 118.305(l)(a)-(d), candidates for political parties and political organizations automatically earn ballot access for the four-year period following a qualifying presidential election. Candidates for third party political groups are, however, treated as “independent candidates” under KRS § 118.305(l)(e). In order for these third party groups to qualify for ballot access, they must petition, obtaining the designated number of signatures set forth in KRS § 118.315(2) in separate petitions for each candidate.2 Under Kentucky law, this petition process will never result in automatic ballot access. Instead, the only way a political body can become a “political party” or a “political organization” — thus obtaining automatic ballot access for a four-year time period — is through the results of a presidential election.

The Libertarian Party and the Constitution Party are currently considered third party political groups. Therefore, they must obtain ballot access through the petition system. In this lawsuit, they challenge Kentucky’s ballot access regime. Their complaint is that no method exists apart from a presidential election for a political [948]*948body to obtain “blanket” ballot access. Thus, they claim violations of the First and Fourteenth Amendments and consequently seek permanent injunctive relief from KRS § 118.015 and KRS § 118.305.

While the Plaintiffs declare Kentucky’s ballot access scheme is unconstitutional under current Supreme Court and Sixth Circuit precedent, this opinion is not about the merits. Instead, the Court is faced with the threshold issue of whether the Defendants are proper parties to the action. Attorney General Andy Beshear,3 charged with “enforcing] all of the state’s election laws by civil or criminal processes,” argues he should be dismissed from the case. [R. 6.] According to Attorney General Besh-ear, his general authority to enforce the election laws is insufficient to qualify him as a proper Defendant or to implicate the Ex parte Young exception to his Eleventh Amendment immunity. In a separate motion, Secretary of State Alison Lundergan Grimes and the members of the Kentucky State Board of Elections (“KSBE”) also seek dismissal. [R. 7.] They argue then-duty to “administer” the election laws is also insufficient to trigger an exception to Eleventh Amendment immunity and to subject them to suit by the Plaintiffs. For the reasons that follow, the Attorney General is correct and Secretary Grimes is mistaken.

B

Federal Rule of Civil Procedure 12(b)(6) allows a Defendant to seek dismissal of a complaint which fails to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). Federal Rule of Civil Procedure 8 requires only “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). However, as is now well known, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

A court reviewing a 12(b)(6) motion must “accept all the Plaintiffs’ factual allegations as true and construe the complaint in the light most favorable to the Plaintiffs.” Hill v. Blue Cross & Blue Shield of Mich., 409 F.3d 710, 716 (6th Cir.2005). However, it is “not bound to accept as true a legal conclusion couched as a factual allegation.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). Ultimately, the Court will dismiss a complaint if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Prater v. City of Burnside, Ky., 289 F.3d 417, 424 (6th Cir.2002) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)).

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Cite This Page — Counsel Stack

Bluebook (online)
164 F. Supp. 3d 945, 2016 WL 716919, 2016 U.S. Dist. LEXIS 21775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/libertarian-party-v-alison-lundergan-grimes-kyed-2016.