Federal judge calls Maine unenrollment law unconstitutional in Libertarian lawsuit | Bangor Daily News - Caitlin Andrews:
June 11, 2020 - "The state’s process for keeping political party members enrolled is unconstitutional, a federal judge in Bangor ruled Thursday. But he declined to immediately re-enroll more than 6,000 previous members of Maine’s Libertarian party.... The party’s numbers are not immediately restored, but U.S. District Court Judge Lance Walker found the plaintiffs would be likely to succeed if they continued the case on its constitutional merits.
"The Libertarians sued Secretary of State Matt Dunlap late last year, arguing the state’s enrollment thresholds were impossible to maintain for small parties. State law requires new parties to enroll at least 5,000 members the year before a general election and to have at least 10,000 by the next general election.... Party members are unenrolled if that enrollment threshold isn’t met.
"The Libertarians argued the requirements ... 'severely burden the constitutional rights' of voters and prevent new political parties from gaining a foothold in the state, pointing to the financial and time commitment needed to enroll members. Walker agreed that the un-enrollment process was unconstitutional, writing that it 'penalizes minor parties' by repeatedly setting them back 'when they are just getting going.' But he denied the party’s request to immediately re-enroll the more than 6,000 previous Libertarians....
"Walker factored the timing of the suit into his decision. By waiting almost a year to challenge their most recent loss of status, he said previously enrolled members may have since enrolled in other parties, or may prefer their unenrolled status. Further, the Libertarian party has not proved that those previous members wish to be enrolled. Automatically re-enrolling them 'would completely disrupt the state’s orderly process of election administration and would be manifestly unfair to other candidates – both those enrolled in other parties and unenrolled ‒ who are competing for those same elective offices and remain obligated to comply with all applicable statutory requirements,' Walker wrote."
Read more: https://bangordailynews.com/2020/06/11/politics/federal-judge-calls-maine-unenrollment-law-unconstitutional-in-libertarian-lawsuit/
June 11, 2020 - "The state’s process for keeping political party members enrolled is unconstitutional, a federal judge in Bangor ruled Thursday. But he declined to immediately re-enroll more than 6,000 previous members of Maine’s Libertarian party.... The party’s numbers are not immediately restored, but U.S. District Court Judge Lance Walker found the plaintiffs would be likely to succeed if they continued the case on its constitutional merits.
"The Libertarians sued Secretary of State Matt Dunlap late last year, arguing the state’s enrollment thresholds were impossible to maintain for small parties. State law requires new parties to enroll at least 5,000 members the year before a general election and to have at least 10,000 by the next general election.... Party members are unenrolled if that enrollment threshold isn’t met.
"The Libertarians argued the requirements ... 'severely burden the constitutional rights' of voters and prevent new political parties from gaining a foothold in the state, pointing to the financial and time commitment needed to enroll members. Walker agreed that the un-enrollment process was unconstitutional, writing that it 'penalizes minor parties' by repeatedly setting them back 'when they are just getting going.' But he denied the party’s request to immediately re-enroll the more than 6,000 previous Libertarians....
"Walker factored the timing of the suit into his decision. By waiting almost a year to challenge their most recent loss of status, he said previously enrolled members may have since enrolled in other parties, or may prefer their unenrolled status. Further, the Libertarian party has not proved that those previous members wish to be enrolled. Automatically re-enrolling them 'would completely disrupt the state’s orderly process of election administration and would be manifestly unfair to other candidates – both those enrolled in other parties and unenrolled ‒ who are competing for those same elective offices and remain obligated to comply with all applicable statutory requirements,' Walker wrote."
Read more: https://bangordailynews.com/2020/06/11/politics/federal-judge-calls-maine-unenrollment-law-unconstitutional-in-libertarian-lawsuit/
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