Ruling that opened state primary system overturned
By The Associated Press
08.12.02
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NEW YORK — A federal appeals court late last week overturned a ruling that had opened up next month's primary election in Connecticut to virtually any registered voter who wished to run for office.
The 2nd U.S. Circuit Court of Appeals panel on Aug. 9 ruled 3-0 that Connecticut could proceed with its September election under a 1955 state law that requires primary candidates to get support from 15% of the party delegates in their district.
A federal judge had ruled last month that the law was unfair to people who wanted to challenge incumbents.
U.S. District Court Judge Peter Dorsey then stunned state officials by amending the ruling last week to say a challenger need only be a registered member of a political party and provide his or her home address on a form to qualify for a spot in the Sept. 10 primary.
The state argued that opening up the primary system so close to the election would cause chaos. The appeals court agreed.
"The balance of hardship is overwhelmingly in favor of the defendant state," the court said in its decision.
Democrat Bill Curry and GOP Gov. John Rowland were the only candidates in the gubernatorial race until last week, meaning there was no need for a primary. But after the judge's ruling, several people — including an unemployed construction worker and a newspaper columnist — filed to challenge both men.
The case was brought by a group of people who said the 1955 law violates their First and 14th Amendment rights by keeping them from challenging incumbents. They also argued that by limiting challengers' access to the ballot, the law places an undue burden on voters' right to associate and to express their political beliefs.
The plaintiffs are considering whether to appeal last week's ruling, said Elizabeth Daniel, a lawyer for Brennen Center for Justice, which brought the lawsuit.
Secretary of State Susan Bysiewicz and Attorney General Richard Blumenthal said after the ruling that only people who had qualified for a primary under the old law would be on the ballot this year.
That means there will not be a statewide primary this year and only a handful of local primaries.
The appeals court did not rule on the merits of the original lawsuit, but the judges noted that the political parties have rules that mirror the state law. They questioned whether finding the state law unconstitutional would necessarily invalidate those party rules.
The lawsuit now returns to U.S. District Court for trial.
Update
Federal judge throws out Connecticut's primary system
Case filed on behalf of challengers who tried to get on the ballot but couldn't get support from 15% of party delegates.
01.30.03
Previous
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
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Native American activist challenges state's closed primary
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