Robinson v. State Ballot Law Commission

432 Mass. 145
CourtMassachusetts Supreme Judicial Court
DecidedJuly 18, 2000
StatusPublished
Cited by4 cases

This text of 432 Mass. 145 (Robinson v. State Ballot Law Commission) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. State Ballot Law Commission, 432 Mass. 145 (Mass. 2000).

Opinion

Cowin, J.

These cases, which are presented on a statement of agreed facts, involve a decision of the State Ballot Law Commission (commission) preventing Jack E. Robinson, III, from appearing on the State primary ballot for the Republican nomination for the office of United States Senator. In order to be placed on the State primary ballot for the office of United States Senator a candidate must obtain the signatures of at least 10,000 qualified voters. G. L. c. 53, § 6. On June 6, 2000, Robinson filed his nomination papers with the Secretary of the Commonwealth (Secretary) containing a total of 10,342 signatures. The Secretary, after reviewing the nomination papers, disallowed nomination papers containing 129 signatures because the backs of these nomination papers were photocopied upside down. The Secretary concluded that only nomination papers produced by his office or exact copies of those papers could be forwarded to the commission for review and that an upside down copy is not an exact copy. The Secretary also disallowed seventy-five additional signatures for reasons which are not in dispute here. After completing his review, the Secretary forwarded 10,139 signatures3 to the commission as being filed in the proper form.

On June 9, 2000, two objections to the validity of signatures on Robinson’s nomination papers were filed with the commission, one by Mark G. White, and the other by Steven R Olson and Paul G. Huberdeau. White’s objection filed with the commission contained his signature and the signature of his counsel. White served a copy of the objection on Robinson, as required by G. L. c. 55B, § 5; however, it did not contain the signature of White or his counsel.

During the proceeding before the commission to consider the objections, Robinson stipulated to the invalidation of twenty-nine of the challenged signatures. On June 30, 2000, the commission sustained the objections to an additional 124 signatures, thereby disqualifying them and reducing Robinson’s total to 9,986, fourteen signatures short of the number needed to appear on the State primary ballot. It also determined that it did not [147]*147have jurisdiction to consider the nomination papers that the Secretary had ruled were not exact copies. The commission, therefore, ordered the Secretary not to print Robinson’s name on the ballot.

Robinson filed a petition with a single justice of this court pursuant to G. L. c. 56, § 59, and G. L. c. 30A, § 14, seeking relief from (1) the Secretary’s decision to invalidate the 129 signatures because, he contends, the Secretary erred in concluding that the nomination papers were not the exact copies of original nomination papers; and (2) the commission’s decision to invalidate 124 signatures because, he argues, he did not receive an exact copy of the objection filed with the commission by White as required by G. L. c. 55B, § 5. The single justice reported these questions to the full court. We conclude that the papers submitted by Robinson to the Secretary were exact copies. Consequently, Robinson’s name must be placed on the State primary ballot as he has collected over 10,000 qualified signatures. As a result, we need not reach Robinson’s claim that White’s objection filed before the commission was improper. We also need not reach White’s cross claim that the commission committed an error of law by not adopting a “contamination theory” as a basis for striking an additional thirty-eight signatures. White’s cross claim is moot because, even if his position were correct and the thirty-eight signatures were struck, Robinson would still have enough qualified signatures for his name to be printed on the ballot.4

1. Timeliness of Robinson’s claim. Before addressing the Secretary’s decision to disallow Robinson’s nomination papers for failing to submit an exact copy of the papers, we dispose of a preliminary argument raised by White. He claims that the doctrine of laches and the statute of limitations bar Robinson’s challenge to the Secretary’s decision. White contends that Robinson had an obligation to challenge the Secretary’s decision in court prior to his petition before the single justice filed on July 5. He argues that Robinson had an available form of relief [148]*148pursuant to G. L. c. 56, § 59, in the Superior Court or this court that he could have asserted immediately after the Secretary’s decision. He argues that, by waiting to file a court action until after the commission’s decision that it lacked jurisdiction to consider the Secretary’s ruling, Robinson lost his right to bring this claim before this court. We disagree.

Robinson followed the correct course of action by pursuing a remedy before the commission prior to filing a complaint in court. General Laws c. 56, § 59, provides that “[t]he supreme judicial court and the superior court department of the trial court shall have jurisdiction of civil actions to enforce the provisions of chapters fifty to fifty-six . . . .” However, it is a well-settled principle that, “[i]n the absence of a statutory directive to the contrary, the administrative remedies should be exhausted before resort to the courts.” Gordon v. Hardware Mut. Cas. Co., 361 Mass. 582, 587 (1972), and cases cited. This policy reflects “a sound principle of law and jurisprudence aimed at preserving the integrity of both the administrative and judicial process.” Assuncao’s Case, 372 Mass. 6, 8 (1977). Robinson believed that he had a proper administrative forum before the commission to challenge the Secretary’s decision and was not notified that such a remedy was foreclosed until the commission’s decision was issued on June 30. Contrary to White’s suggestion in his brief, we do not believe that the commission’s conclusion that it did not have jurisdiction to consider Robinson’s claim was so obvious that he should have proceeded directly to court pursuant to G. L. c. 56, § 59.5 On learning that any administrative remedies were foreclosed, Robinson timely prepared and filed a petition before a single justice of this court. Robinson did not unnecessarily delay these proceedings so that his claim should not be heard.

Moreover, even if Robinson’s actions did delay these proceedings, as White recognizes in his brief to this court, “[1] aches is not mere delay but delay that works disadvantage to another.” Moseley v. Briggs Realty Co., 320 Mass. 278, 283 (1946), quoting Calkins v. Wire Hardware Co., 267 Mass. 52, 69 (1929). White has not suffered any such disadvantage. White’s claim might be valid if the issues he raises were fact specific and required presentation of evidence. However, the issues before [149]*149this court are legal in nature and are the same issues that White has already argued before the commission. All that White was required to do to prepare for this proceeding was to brief and argue before the court essentially the same issues that he presented to the commission. To the extent that White has suffered any disadvantage by Robinson’s actions, it is not enough to outweigh the importance of ballot access, implicating as it does fundamental concerns under the First Amendment to the United States Constitution, and the public’s right to choose candidates for elective office. See, e.g., Anderson v. Celebrezze, 460 U.S. 780, 806 (1983).

2. Exact copy rule. We now turn to the merits of Robinson’s claim against the Secretary. See Capezzuto v. State Ballot Law Comm’n, 407 Mass.

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Bluebook (online)
432 Mass. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-ballot-law-commission-mass-2000.