Constitution Party challenges Wisconsin election regulation
By The Associated Press
09.14.02
MADISON, Wis. — The Constitution Party of Wisconsin filed a lawsuit in U.S. District Court challenging the constitutionality of a law prohibiting certain people from circulating nominating petitions for political candidates.
"It is a free-speech issue. The state has no right to mandate who can collect signatures for a candidate," said Daniel Hoyt of Fond du Lac, the party's chairman.
At issue is whether someone who lives outside the jurisdiction of the office a political candidate seeks can circulate nominating petitions for that person. State law requires that anyone circulating nomination petitions must live in the area covered by the office.
The lawsuit, filed Sept. 12, seeks to have two of the Constitution Party's candidates placed on the Nov. 5 ballot. The lawsuit names Steve Ponto, chairman of the state Elections Board, as a defendant.
According to Hoyt, Michael Schultz of Grand Marsh was ruled ineligible as a candidate for the 6th Congressional District against Republican incumbent Tom Petri because about 300 of the required 1,000 signatures for nomination were obtained by Cal Zastrow, the national field director for the Constitution Party. Zastrow lives in Saginaw, Mich.
John Clark of Westfield also was ruled ineligible as a candidate for register of deeds in Adams County because Zastrow collected about 110 of the needed 200 signatures, Hoyt said.
Ponto said the state law at issue has not been a major problem for candidates.
"I certainly don't think it is too burdensome to have someone circulate their own nomination papers or have supporters who live in the district circulate them," he said.
Federal courts in other states have ruled that it doesn't matter who gathers the signatures as long as the person signing and the candidate live in the same area, Hoyt said.
"The Elections Board told us to our face that, 'We won't do anything about this unless it is challenged in court,' " Hoyt said. "We are taking them up on their offer."
Getting on the ballot is relatively easy in Wisconsin, Ponto said. For example, it takes only 2,000 signatures to run for governor.
"That doesn't seem to me to be a very burdensome requirement," he said.
Robert Bernhoft, the attorney who filed the lawsuit for the Constitution Party, said Ponto's observation may be true for the two major political parties, but for minor and independent parties the requirement becomes a barrier because their support is often more spread out.
"The direct result is important First Amendment political free-speech and association rights are directly infringed," Bernhoft said. "The public always benefits when political issues are discussed openly and aggressively. These laws directly impede on that."
Kevin Kennedy, executive director of the Elections Board, did not immediately return a telephone message for comment.
The Constitution Party has one candidate on the Nov. 5 ballot in Wisconsin — Ed Frami for secretary of state.
The lawsuit was assigned to Judge Barbara Crabb.