Martin Cowen, Et Al.v.Georgia Secretary Of State
The Libertarian Party of Georgia, prospective congressional candidates, and voters challenged Georgia’s ballot-access requirements. They argued that a five-percent petition requirement for independent and third-party congressional candidates imposed severe burdens on associational and equal-protection rights. The district court granted the Secretary of State summary judgment based on an earlier Supreme Court decision without applying the later Anderson balancing framework. The Eleventh Circuit vacated. It held that the district court had to weigh the character and magnitude of the burden against the State’s interests under Anderson v. Celebrezze and separately consider the Equal Protection claim. The court remanded both issues for initial decision by the district court. Judge Jordan concurred, explaining that the earlier precedent did not control the qualifying-fee challenge and that Anderson had changed the governing standard.
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