Justia Federal District Court Opinions

The Libertarian Party of Maine ("Party") and seventeen of its candidates for elective office ("appellant candidates") challenge a district court ruling upholding the constitutionality of Maine's ballot-access requirements, 21-A M.R.S.A. § 301 et seq. We affirm.

* Under Maine law, a group of voters seeking recognition as a new political party may "qualify" in either of two ways. First, the voter group may petition the Secretary of State to participate as a political party in the primary election; the petition must be signed by voters numbering at least 5% of the votes cast in the preceding gubernatorial election. See 21-A M.R.S.A. § 303(1). Second, the group may organize a political party around a prior candidate for the office of Governor or President who (1) was not affiliated with a registered party; (2) consents in writing; and (3) received more than 5% of the total Maine vote cast for the office of Governor or President, as the case may be, in the immediately preceding gubernatorial or presidential election. See id. at § 302(1). A party which organizes itself under § 302(1), on the "coattails" of a prior independent candidate for office, need not demonstrate contemporaneously the level of voter support defined in § 303(1), but the party's candidates remain subject to the numerical voter-support requirements for later listing on the general election ballot. See id. at § 304.

Party recognition entails certain benefits, including public exposure, the prestige of "official" status, automatic listing of the party's presidential candidate on the election ballot, see id. at § 331(2)(A), and the right to raise funds by means of a special check-off box on the Maine income tax form. See 36 M.R.S.A. § 5283. With these benefits come certain responsibilities, including the obligation to hold municipal caucuses during election year, 21-A M.R.S.A. §§ 301(1)(A), 311; to hold a biennial state convention, id. at § 301(1)(B), 321; and to nominate candidates for office through a primary election process, id. at § 331(1). The primary election process is intended to control "ballot clutter" by ensuring that each political party nominates only one candidate for any particular office, and that the party nominee possesses the prescribed levels of support within his or her party and the general electorate. See Opinion of Justices of the Supreme Judicial Court, 578 A.2d 183, 186 (Me.1990).

To qualify for the primary election ballot, a party candidate must present the Secretary of State, not later than April 1, with a petition signed by enough enrolled party members to demonstrate the level of party support prescribed for the particular "electoral division" to which the candidate seeks election. Id. at § 335(5). The required levels of petition support are shown in Table I.

                                    TABLE 1
                 Number of Signatures Required to Qualify For
                Primary Ballot (Registered Party Candidates) *
President of the United States                                  2000 signatures
United States Senator                                           2000 signatures
State Governor                                                  2000 signatures
United States Representative                                    1000 signatures
County offices (other than County                                150 signatures
  Commissioner)
State Senator                                                    100 signatures
County Commissioner                                               50 signatures
State Representative                                              25 signatures
* Signatures may come only from enrolled members of prospective candidate's
  party.

A party candidate who does not obtain the signatures required to qualify for the primary election ballot may still qualify for the general election ballot by winning a plurality of the party's primary election write-in vote. Id. at § 723(1)(A). The write-in voting process is not restricted to members of the candidate's political party, but is open to any registered voter who is eligible to participate in the party primary. Id. at § 340. On the other hand, a successful write-in candidate must obtain votes totalling twice the number of signatures which would have been required to qualify for listing on the primary ballot under § 335(5). See id. at 723(1)(A).

                                   TABLE II
                 Number of Signatures Required to Qualify For
               General Election Ballot by Nomination Petition *
                    or by Write"In Vote in Party Primary **
Presidential elector                                            4000 signatures
United States Senator                                           4000 signatures
Governor                                                        4000 signatures
United States Representative                                    2000 signatures
County office (other than County                                 300 signatures
  Commissioner)
State Senator                                                    200 signatures
County Commissioner                                              100 signatures
State Representative                                              50 signatures
* Signatures may come from any registered voter regardless of party
  affiliation.
** Write-in votes may come from any registered voter whom the party
  declares eligible to participate in the party's primary (including
  independent voters).