Oregon appeals court strikes law governing political party names

By The Associated Press

06.16.02

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SALEM, Ore. — The Freedom Socialist Party may run candidates under its name despite the resemblance to the name of the Socialist Party, the Oregon Court of Appeals has ruled in striking down a party name restriction law.

The June 12 decision found that the 1905 law violated voting rights and was too broad under the First Amendment’s free-speech and association guarantees.

The law barred parties from using even part of the names of other parties. The Freedom Socialist Party went to court after Secretary of State Bill Bradbury denied its efforts to be established as a minor party so it could field a candidate in a state legislative district.

The appeals court upheld a Multnomah County Circuit Court decision.

Bradbury argued that burdens on constitutional rights could be justified by the state's need to prevent voter confusion from having two parties with similar names. But the court said the restrictions were too extensive.

The Salem Statesman Journal quoted from Judge Robert Wollheim’s opinion: “The burden placed on those First Amendment rights is severe because voters are deprived of an important voting cue when candidates are unable to run for office using their party affiliation.

“While the state has an interest in preventing voter confusion that may justify some restriction on parties’ choice of names, a restriction that prohibits a new party from using ‘any part’ of the name used by another political party sweeps too broadly. It may cause more voter confusion than it alleviates.”

Jordana Sardo of Portland sought to run for the Oregon House in 2000 but could not under the Freedom Socialist Party label. She said both parties advocate socialism but emphasize different issues.

Bradbury spokeswoman Marian Hammond said on June 12 that an appeal to the state Supreme Court was being considered to seek guidance on when similar party names can be limited, if at all.