Federal court strikes down non-partisan judicial races
July 15, 2010
Kentucky: On July 13, 2010, the U.S. Court of Appeals for the Sixth Circuit ruled aspects of Kentucky's judicial elections unconstitutional. In the opinion of the court, Judge Jeffrey Sutton wrote that prohibiting judicial candidates from running with the endorsement of a political party violates the First Amendment. The Sixth Circuit Court of Appeals covers Ohio, Tennessee, Michigan and Kentucky. Three of those states restrict judicial candidates, to some degree, from running with party affilation in the general election.[1]
Though the ruling specifically dealt with Kentucky's election laws, state officials in Ohio realize that their system may soon be altered to comply with the ruling. The Ohio Attorney General's office filed a brief in the case on behalf of the defendants. Of the ruling, the spokesman for the office said, "The 6th Circuit ... did not have occasion to address the constitutionality of Ohio's rules. Nevertheless, the attorney general's office is analyzing the decision and its possible impact on the state."[2]
The ruling considered other aspects of Kentucky's election laws, including the right of candidates to solicit donations during fundraising as well as expressing political views on specific issues. The former was also struck down, the latter, sent back to the lower court to decide.[2]
Because a federal court issued the ruling, the aspect of running with the endorsement of a political party could spill over into other states. Currently, eleven states prohibit judicial candidates from running with party affiliation.[1]
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