Libertarian Party v. Bond

764 F.2d 538
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 17, 1985
DocketNo. 84-2355
StatusPublished
Cited by29 cases

This text of 764 F.2d 538 (Libertarian Party v. Bond) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Libertarian Party v. Bond, 764 F.2d 538 (8th Cir. 1985).

Opinion

ROSS, Circuit Judge.

The Libertarian Party challenges the constitutionality of Missouri statutes which govern the method by which new political parties are formed for the purpose of placing the party’s name and the names of the party’s candidates on the election ballot. MO.REV.STAT. §§ 115.315, 317 (1978). In particular, the Libertarian Party challenges section 115.315(4). This section, which governs the formation of a new party for the entire State of Missouri, permits the formation of new parties if the party files a timely petition which is:

signed by the number of registered voters in each of the several congressional districts which is equal to at least one percent of the total number of votes cast in the district for governor in the last gubernatorial election, or by the number of registered voters in each of one-half of the several congressional districts which is equal to at least two percent of the total number of votes cast in the district for governor at the last gubernatorial election.

MO.REV.STAT. § 115.315(4) (1978) (emphasis added). In sum, the statute imposes what may be termed a “one percent in each” or a “two percent in one-half” signature requirement.

In September of 1984, the Libertarian Party filed this action, requesting the district court to declare the Missouri statutes unconstitutional and to order election officials to place the party’s name and the party’s presidential and vice-presidential candidates on the November 1984 ballot.1 The district court denied such relief on the basis that the statutes at issue were not unconstitutional. 596 F.Supp. 719. We agree with the district court. Accordingly, we affirm.

FACTS

The Libertarian Party satisfied the Missouri ballot requirements for the 1980 election, but its candidates failed to gain enough votes in that election (more than two percent of all votes cast for any of the offices sought) to become an “established political party” for the State. MO.REV. STAT. § 115.317 (1978). Hence, the Party had to satisfy the section 115.315(4) requirements again in order to get on the 1984 ballot.

It failed. The Party obtained signatures in only six of Missouri’s nine congressional districts, so it did not satisfy the “one percent in each” test. Of those six districts, it met the two percent requirement in only three districts, so it did not satisfy the “two percent in one-half” test.2 The following table sets forth the number of verified signatures obtained, and the number of signatures required under the two [540]*540percent requirement, in each of the six districts in which the Libertarian Party obtained signatures:

Number Number . Surplus/
District Obtained Required (Deficiency)
First 4,214 4,266 (52)
Second 5,702 5,348 354
Third 4,348 5,090 (742)
Fourth 221 4,432 (4211)
Fifth 4,686 4,486 200
Ninth 4,947 4,536 411
Total 24,118

DISCUSSION

1. Standard of Review

Ballot access restrictions place burdens on “ ‘the right of individuals to associate for the advancement of political beliefs, and the right of qualified voters, regardless of their' political persuasion, to cast their votes effectively.’ ” Anderson v. Celebrezze, 460 U.S. 780, 103 S.Ct. 1564, 1569, 75 L.Ed.2d 547 (1983) (quoting Williams v. Rhodes, 393 U.S. 23, 30, 89 S.Ct. 5, 10, 21 L.Ed.2d 24 (1968)). These rights “‘rank among our most precious freedoms.’ ” Id.

Recognizing that vital individual rights are endangered by ballot access restrictions, the Supreme Court in Illinois Elections Board v. Socialist Workers Party, 440 U.S. 173, 184-85, 99 S.Ct. 983, 990-91, 59 L.Ed.2d 230 (1979) concluded that “a State must establish that its * * * [ballot access restrictions are] necessary to serve a compelling interest * * * [and] that * * * [it has] adopt[ed] the least drastic means to achieve * * * [its] ends.” While the value of this “strict scrutiny” standard as a tool for decision-making is subject to question, id. at 188-89, 99 S.Ct. at 992-93 (Blackmun, J., concurring), and although this standard may not be applicable to all types of ballot access restrictions, see Clements v. Fash-ing, 457 U.S. 957, 962-66, 102 S.Ct. 2836, 2843-45, 73 L.Ed.2d 508 (1982) (plurality opinion), we shall apply this standard of review in this case. See McLain v. Meier, 637 F.2d 1159, 1163 (8th Cir.1980) (applying compelling state interest test to North Dakota ballot access statute which imposed signature requirement on new political parties).

Nevertheless, our application of this standard of review does not automatically lead to an easy answer. As the Court stated in Anderson:

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. * * * Instead, a court must resolve such a challenge by an analytical process that parallels its work in ordinary litigation. It must first consider the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate. It then must identify and evaluate the precise interests put forward by the State as justifications for the burden imposed by its rule. In passing judgment, the Court must not only determine the legitimacy and strength of each of those interests; it also must consider the extent to which those interests make it necessary to burden the plaintiff’s rights. Only after weighing all these factors is the reviewing court in a position to decide whether the challenged provision is unconstitutional. * * * The results of this evaluation will not be automatic; as we have recognized, there is “no substitute for the hard judgments that must be made.”

Anderson v. Celebrezze, supra, 103 S.Ct. at 1570 (citations omitted).

With regard to the state interests which must be considered, we note that the Supreme Court has “recognized that, ‘as a practical matter, there must be a substantial regulation of elections if they are to be fair and honest and if some sort of order, rather than chaos, is to accompany the democratic processes.’ ” Id. at 1569 (quoting Storer v. Brown, 415 U.S. 724, 730, 94 S.Ct.

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764 F.2d 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/libertarian-party-v-bond-ca8-1985.