Lee v. Keith | |
---|---|
Court | United States Court of Appeals for the Seventh Circuit |
Full case name | David Lee v. John Keith, et al |
Argued | June 9, 2006 |
Decided | September 18, 2006 |
Citation(s) | 463 F.3d 763 (7th Cir. 2006) |
Court membership | |
Judge(s) sitting | Kenneth Francis Ripple, Daniel Anthony Manion, Diane S. Sykes |
Case opinions | |
Majority | Sykes, joined by Ripple, Manion |
Laws applied | |
Lee v. Keith, 463 F.3d 763 (7th Cir. 2006) [1] was a case in which, on September 18, 2006, [2] the United States Court of Appeals for the Seventh Circuit struck down Illinois' ballot access laws, opining:
In combination, the ballot access requirements for independent legislative candidates in Illinois--the early filing deadline, the 10% signature requirement, and the additional statutory restriction that disqualifies anyone who signs an independent candidate's nominating petition from voting in the primary--operate to unconstitutionally burden the freedom of political association guaranteed by the First and Fourteenth Amendments. Ballot access barriers this high--they are the most restrictive in the nation and have effectively eliminated independent legislative candidacies from the Illinois political scene for a quarter of a century--are not sustainable based on the state's asserted interest in deterring party splintering, factionalism, and frivolous candidacies. [3]
Ballot access are rules and procedures regulating the right to candidacy, the conditions under which a candidate, political party, or ballot measure is entitled to appear on voters' ballots in Elections in the United States. The jurisprudence of the right to candidacy and right to create a political party are less clear than voting rights in the United States. As election processes are decentralized by Article I, Section 4, of the United States Constitution, ballot access laws are established and enforced by the states. As a result, ballot access processes may vary from one state to another. State access requirements for candidates generally pertain to personal qualities of a candidate, such as: minimum age, residency, and citizenship. Additionally, many states require prospective candidates to collect a specified number of qualified voters' signatures on petitions of support and mandate the payment of filing fees before granting access; ballot measures are similarly regulated. Each state also regulates how political parties qualify for automatic ballot access, and how those minor parties that do not can. Fundamental to democracy, topics related to ballot access are the subject of considerable debate in the United States.
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