James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, on April 3, 2021. Photo: Diego M. Radzinschi/ALM 2020 Primary Candidates Fail in 3rd Circ. Challenge to NJ Consent Requirement for Ballot Slogans
"This case asks us to determine where the campaign ends and the electoral process begins," stated Judge Cheryl Ann Krause, in her written opinion for the court. "New Jersey permits candidates running in primary elections to include beside their name a slogan of up to six words to help distinguish them from others on the ballot."
November 28, 2022 at 02:57 PM
5 minute read
Constitutional Law
A precedential U.S. Court of Appeals for the Third Circuit opinion has applied the more flexible Anderson-Burdick test—rather than a traditional First Amendment analysis—to a challenge brought by two candidates over New Jersey's consent requirement, which regulates slogans that appear next to a candidate's name on a ballot.
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