Court blocks system used to place candidates on primary ballot

By The Associated Press

07.24.02

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HARTFORD, Conn. — A federal judge yesterday blocked the state from enforcing a law that determines which candidates appear on primary election ballots.

Under the Connecticut law, challengers to party nominees appear on the ballot only if they get support from at least 15% of their district delegates.

U.S. District Judge Peter Dorsey said the statute is most likely unconstitutional and creates an "overly burdensome" system for challengers.

Plaintiffs in the case, who maintain Dorsey's ruling proves the law is unconstitutional, hailed the decision as a victory for democracy. Connecticut has the most restrictive primary system in the nation, said Rebekah L. Harriman, director of Common Cause of Connecticut. The other 49 states require candidates to obtain signatures or pay a fee to get on the ballot, she said.

"Today's ruling by the federal district court in Connecticut will open the state's primary elections to more candidates and give Connecticut's voters more choice in the voting booth," said Elizabeth Daniel, lead counsel for the plaintiffs.

Daniel is associate counsel at Brennan Center for Justice at the New York University School of Law, which filed the lawsuit on the behalf of several potential candidates. The center sought to impose a system where candidates can petition their way onto primary ballots.

State Attorney General Richard Blumenthal said the state will seek a stay in the 2nd U.S. Circuit Court of Appeals to block the decision. He called the judge's ruling "ambiguous," claiming it could throw the state's election process into turmoil.

"Essentially the judge is changing the rules in the middle of the game," he said.

He said the ruling raises more questions than it answers.

The decision bars the secretary of the state from enforcing the law, which applies to multiple town districts for state and federal offices, ranging from state representative to governor, to U.S. senator. It does not block the state's political parties from enforcing their own rules, which also require all candidates to receive the support of 15% of delegates.

Under the U.S. Constitution, state party rules supersede state law, Blumenthal said.

Blumenthal said he will ask the appeal's court to add Connecticut's Democratic and Republican parties to the lawsuit. Blumenthal said preventing the parties from participating in the legal process could violate the First Amendment.

Dorsey dismissed a similar motion last week.

Republican State Party Chairman Christopher DePino said he thinks it is unnecessary to involve the state party.

He said Blumenthal wants to provide political cover to his fellow Democrats who did not support Republican Gov. John G. Rowland when he proposed a new direct primary system several years ago.

"We are squarely behind the governor," DePino said. "I think this is absolutely the death knell for the primary system in the state of Connecticut."

Messages seeking comment were left with Connecticut's Democratic Party Chairman John Olsen.

Even though the parties still have the ability to choose candidates based on the 15% rule and most conventions across the state already have been held, Secretary of the State Susan Bysiewicz said she also wants an immediate stay to the court decision.

Bysiewicz said she needs some clarity about her role in the process and what she should do if any of the plaintiffs come forward, seeking petitions to get on the September primary ballot.

"We fully expect candidates to be at our doorstep at the secretary of the state offices," Bysiewicz said.

Daniel said her group wants at least two of the plaintiffs, Jim Campbell of Greenwich and Edwin A. Gomes of Bridgeport, to appear on this year's ballot. Gomes is a Democrat who wants to run for state Senate. Campbell was unable to force a Republican primary challenging U.S. Rep. Christopher Shays. for the 4th Congressional District.

"Today's court ruling is a victory for democracy and open elections for all citizens in Connecticut," said Campbell.

Campbell said he believes the parties will tailor their rules to state law.

"The law came first and then came party rules," he said.

The court has struck down a statute "that has protected incumbents from ever facing the voters of their own party," he said.

Update

Connecticut must allow challengers to enter September primaries
Federal judge amends ruling striking down state's primary ballot law after plaintiffs were denied applications to enter election.  08.06.02

Related

Federal appeals panel eases N.Y. ballot-access requirements
Petitioners don't have to live in same district where they collect signatures, judges rule.  11.14.00