Libertarian Party of Ky. v. Grimes

The Libertarian Party filed suit, claiming that Kentucky law unconstitutionally burdens First and Fourteenth Amendment rights to freedom of political association and equal protection by categorizing the Libertarian Party and Constitution Party as “political groups,” which must petition to list their candidates for state and local office on election ballots, rather than as “political parties” or “political organizations,” which enjoy “blanket” ballot access for all the candidates they nominate (Ky. Rev. Stat. 118.015). The district court concluded, and the Sixth Circuit affirmed, that Kentucky’s three-tiered ballot-access scheme is a constitutional means of exercising the Commonwealth’s power to regulate elections. The court found the burden imposed by the ballot-access scheme “less than severe,” so that strict scrutiny did not apply, but not so “minimal” as to warrant rational basis review. Engaging in “flexible scrutiny,” the court found that Kentucky has an important interest in ensuring that candidates demonstrate a “significant modicum of support,” strong enough to justify the scheme. View "Libertarian Party of Ky. v. Grimes" on Justia Law