Stein v. Alabama Secretary of State

774 F.3d 689, 2014 WL 7146021
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 16, 2014
DocketNo. 13-15556
StatusPublished
Cited by19 cases

This text of 774 F.3d 689 (Stein v. Alabama Secretary of State) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stein v. Alabama Secretary of State, 774 F.3d 689, 2014 WL 7146021 (11th Cir. 2014).

Opinion

PER CURIAM:

In this ballot access case, we consider whether the district court erred in granting summary judgment to the Alabama Secretary of State on the Plaintiffs’ claim, pursuant to 42 U.S.C. § 1983, that Alabama’s ballot access statute violates their First and Fourteenth Amendment rights. After reviewing the record and having the benefit of oral argument, we affirm the district court’s judgment.

I. BACKGROUND

Alabama law provides that political parties must qualify to appear on the general election ballot, and they may do so by either performance or petition. The performance option grants statewide ballot access to parties that received at least twenty percent of the votes cast for any state officer in the last general election. AIa.Code § 17-13^40. This is how the Republican and Democratic Parties, for example, obtain ballot access.

For parties that do not qualify based on performance, the petition option is available. To qualify by this method, parties must submit the signatures of registered voters totaling at least three percent of the votes cast for the governor in the last general election, and they must do so by the date of the first primary for the general election. Id. § 17-6-22(a). The primary election date in presidential-election years is March; otherwise, the deadline is in June. See id. § 17-13-3.

In January 2012, the Plaintiffs1 filed suit against the Alabama Secretary of State, alleging that the State’s ballot-access laws were unconstitutional, both facially and as applied, with respect to presidential candidates.2 The record reveals that the Plaintiffs filed suit despite having made no significant effort to secure the number of signatures needed to qualify for ballot access by petition.3 The Plaintiffs later filed an amended complaint, focusing their allegations on Alabama’s disparate ballot-access requirements for political parties and independents that seek to qualify by petition. The parties filed cross-motions for summary judgment, and on September 5, 2013, the district court granted the State’s motion and denied the Plaintiffs’ motion. Plaintiffs timely moved for reconsideration pursuant to Federal Rule of Civil Procedure 59(e), and the district court denied the motion. Plaintiffs timely appealed.

II. STANDARD OF REVIEW

“This Court reviews a district court’s grant of summary judgment de novo, applying the same legal standards [691]*691used by the district court.” Seff v. Broward Cnty., Fla., 691 F.3d 1221, 1222-23 (11th Cir.2012) (internal quotation marks omitted).

III. DISCUSSION

We conclude that the district court properly granted summary judgment to the Alabama Secretary of State, and we adopt much of the district court’s reasoning contained in its memorandum opinion and order. However, we add to its thorough analysis that neither the Supreme Court nor this court has articulated a clear standard of review for challenges to ballot-access restrictions in a presidential election. We note that nothing in this opinion does so. At the same time, we recognize that “the State has a less important interest in regulating Presidential elections than statewide or local elections, because the outcome of the former will be largely determined by voters beyond the State’s boundaries.” Anderson v. Celebrezze, 460 U.S. 780, 795, 103 S.Ct. 1564, 1573, 75 L.Ed.2d 547 (1983).

Regardless, based on the record in this case, we hold that the Plaintiffs’ constitutional claims fail. Like the district court, we conclude that the Plaintiffs did not present evidence showing that the legitimate, nondiscriminatory reasons for the State’s restrictions on petition-based ballot access unconstitutionally burdens their associational rights. Rather, the record shows that the burden on the Plaintiffs was slight. Thus, the State’s interests in treating all political parties fairly and in setting a deadline that provides sufficient time to verify the petition signatures outweigh the burden to the Plaintiffs’ associational rights.

Accordingly, for these reasons and for the reasons stated in the district court’s well-reasoned memorandum opinion and order filed on September 5, 2013, which we adopt and attach hereto as an appendix, we affirm the grant of summary judgment to the Alabama Secretary of State.

AFFIRMED.

“APPENDIX”

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

JILL STEIN, et al., Plaintiffs, V. JIM BENNETT, Alabama Secretary of State,

CASE NO. 2:12-CV-42-WKW[WO].

MEMORANDUM OPINION AND ORDER

Though the Alabama Green Party, the Constitution Party of Alabama, and the Libertarian Party of Alabama (collectively the “Party Plaintiffs”) all fielded candidates for the 2012 presidential election, none of those parties’ names appeared on Alabama’s ballots. Instead, their candidates (including Plaintiffs Jill Stein and Gary Johnson (collectively the “Candidate Plaintiffs”)) were listed on the ballot as independents. Along with four Alabama voters and one Florida voter (the “Voter Plaintiffs”), the Candidate Plaintiffs and the Party Plaintiffs sued the Alabama Secretary of State, to challenge the Alabama law they say kept the Party Plaintiffs’ names off the ballot.

The matter comes before the court on cross motions for summary judgment. For the reasons that follow, the Secretary’s motion is due to be granted and Plaintiffs’ denied.

[692]*692I.JURISDICTION AND VENUE

Subject matter jurisdiction is proper under 28 U.S.C. § 1331.' Personal jurisdiction and venue are uncontested.

II.STANDARD OF REVIEW

To succeed on summary judgment, the movant must demonstrate “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The court must view the evidence and the inferences from that evidence in the light most favorable to the nonmovant. Jean-Baptiste v. Gutierrez, 627 F.3d 816, 820 (11th Cir.2010).

The party moving for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). This responsibility includes identifying the portions of the record illustrating the absence of a genuine dispute of material fact. Id. A genuine dispute of material fact exists when the nonmoving party produces evidence allowing a reasonable factfinder to return a verdict in its favor. Waddell v.

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Bluebook (online)
774 F.3d 689, 2014 WL 7146021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-alabama-secretary-of-state-ca11-2014.