CCD Files Amicus Brief in Rogers v. Cortes

Brief supports petition for certiorari in case challenging Pennsyvlania's uniquely punitive ballot access law.

            On July 30, 2007, the Center for Competitive Democracy filed an amicus brief before the Supreme Court of the United States in support of the petition for certiorari in Rogers v. Cortes, case no.06-1721. The Constitution, Green and Libertarian parties are the petitioners in Rogers, and they challenge Pennsylvania’s uniquely punitive ballot access legislative scheme.

            No other state in the nation - including Pennsylvania prior to 2004 - penalizes candidates for submitting nomination papers by forcing them to pay litigation costs to private parties who sue to remove them from the ballot. Yet in the last two election cycles, Pennsylvania has ordered candidates to pay more than $80,000 each to law firms that sued to challenge their nomination papers. Such orders clearly violate well-settled Supreme Court precedent holding that states may not require candidates to pay costs associated with holding an election. See Lubin v. Panish, 415 U.S. 709 (1974) (striking down candidate filing fees ranging up to $982); Bullock v. Carter, 405 U.S. 134 (striking down candidate filing fees ranging up to $8,900). 

            CCD's brief makes three main points to illustrate the severe burden that Pennsylvania’s ballot access law imposes on candidates and voters. Specifically, as a result of lawsuits filed against candidates to challenge their compliance with the law in 2004 and 2006:

·        Minor party candidates have been functionally barred from running for office in Pennsylvania;

·        Thousands of Pennsylvania voters have been disenfranchised;

·        All three of Pennsylvania’s minor political parties have been legally terminated within the last year.

            The Court convenes to consider the petition on September 24, 2007.

            Read CCD's amicus brief. Read the District Court Opinion and the Third Circuit Opinion.