Anderson v. Vermont

The issue before the Supreme Court in this case centered on whether Vermont’s nominating petition process for independent candidates for President of the United States unduly burdened the rights of such candidates and their supporters under the First and Fourteenth Amendments of the U.S. Constitution.  Upon review, the Court concluded that the trial court correctly held that it does and affirmed the trial court’s judgment for plaintiffs Ross “Rocky” Anderson, an independent candidate for President in the 2012 election and his campaign coordinator, plaintiff Benjamin Eastwood. Plaintiffs gathered 1400 signatures from at least twenty-two towns and cities.  However, supporters were delayed and ultimately frustrated in their nomination efforts by the Secretary of State’s interpretation of 17 V.S.A. 2402. As a result, plaintiffs were only able to get town clerk certification for 580 signatures before a June 14 deadline. The trial court concluded that overall, the statute appeared to be a reasonable regulation of elections.  Nonetheless, the trial court denied the State’s motion to dismiss and granted plaintiffs permanent injunctive relief on the ground that the Secretary of State’s requirement that town clerks certify only names listed on original statements (as opposed to faxes or photocopies of those statements) unduly burdened plaintiffs’ First and Fourteenth Amendment rights.  The trial court denied plaintiffs’ request that the court eliminate the certification requirement altogether. The State appealed, arguing that the “original statement” requirement serves important state interests and imposes only a minor burden on plaintiffs’ rights. Upon review, the Supreme Court agreed with the trial court that the Secretary of State’s requirement that town clerks certify only original statements when performing their function pursuant to 17 V.S.A. 2402(a)(4) unconstitutionally burdened plaintiffs’ constitutional rights.  Therefore, the Court affirmed the trial court’s judgment and permanent injunction for plaintiffs. View "Anderson v. Vermont " on Justia Law