No. 21-1288

Libertarian Party of Alabama v. John Harold Merrill, Alabama Secretary of State

Lower Court: Eleventh Circuit
Docketed: 2022-03-23
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: civil-rights constitutional-rights discrimination equal-protection first-amendment fourteenth-amendment political-parties voter-registration
Key Terms:
DueProcess FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Does it violate the First and Fourteenth Amendments for a State to discriminate against minor political parties by providing voter-registration-lists free to major parties but charging an exorbitant fee to minor parties?

Question Presented (OCR Extract)

QUESTION PRESENTED For over fifty years, since this Court’s summary affirmance in Socialist Workers Party v. Rockefeller, 314 F. Supp. 984 (8.D.N.Y.) (three judge court), summarily affirmed, 400 U.S. 806 (1970), every federal court in the nation that has considered the question, has held unequivocally that if a state provides a voter registration list free of charge to major political parties, it cannot, consistent with the First and Fourteenth Amendments to the United States Constitution, charge a fee to minor political parties for the list. The lower court’s decision in this case has now created a split of authority on this important constitutional question and was wrongly decided. This case squarely presents the following question: Does it violate the First and Fourteenth Amendments to the United States Constitution for a State to discriminate against minor political parties by providing copies of a_ legally required, computerized, taxpayer-funded, state voter registration list free of charge to major political parties, while requiring minor political parties to pay an exorbitant fee ($35,912.76) to obtain a copy?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-15
Brief amici curiae of Coalition for Free and Open Elections and Citizens in Charge filed. (Distributed)
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-03-31
Waiver of right of respondent John Harold Merrill, Alabama Secretary of State to respond filed.
2022-03-21
Petition for a writ of certiorari filed. (Response due April 22, 2022)
2022-02-14
Application (21A408) granted by Justice Thomas extending the time to file until March 21, 2022.
2022-02-07
Application (21A408) to extend the time to file a petition for a writ of certiorari from February 17, 2022 to April 18, 2022, submitted to Justice Thomas.

Attorneys

Coalition for Free and Open Elections; Citizens in Charge
Oliver Barrett HallCenter for Competitive Democracy, Amicus
John Harold Merrill, Secretary of State for the State of Alabama
Edmund Gerard LaCour Jr.Office of the Attorney General, Respondent
Libertarian Party of Alabama
David I. SchoenAttorney at Law, Petitioner