United States Sixth Circuit

The combination of two Ohio election regulations, the requirement that all political parties nominate their candidates via primary election and the requirement that all minor political parties file a petition with the Secretary 120 days in advance of the primary, imposes a severe burden on the First Amendment rights of the Libertarian Party of Ohio, its members, and its potential voter-supporters. As the regulations are not narrowly tailored and do not advance a compelling state interest, Ohio's system for registering new political parties violates the constitution.

Appellate Information

• Decided 09/06/2006
• Published 09/06/2006

Judges

• Before:  CLAY, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gary Sinawski, New York, New York, for Appellants.   Arthur James Marziale, Jr., Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.   ON BRIEF:  Gary Sinawski, New York, New York, Donald J. McTigue, Columbus, Ohio, for Appellants.  Arthur James Marziale, Jr., Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.