By Bob Egelko
San Francisco Chronicle
A
federal appeals court reinstated a free-speech lawsuit Monday by an
Assembly candidate who belongs to the Socialist Party USA but had to
list his party affiliation on the primary election ballot as “none”
under California law.
That
designation, required for candidates from every party except the six
largest, could mislead the voters, said the Ninth U.S. Circuit Court of
Appeals in San Francisco.
Requiring
then-Assembly candidate Emidio Soltysik to list his party as “none” on
the 2014 ballot “suggests that Soltysik, an avowed socialist, has no
political preferences, affiliations, or beliefs, which is simply
untrue,” Judge John Owens said in the 2-1 ruling.
He said the designation also suggests, perhaps wrongly, that Soltysik
has no preference among the six ballot-qualified parties.
The
court overturned a federal judge’s ruling that dismissed Soltysik’s
suit on the grounds that the ballot label was a minor burden justified
by the state’s need to prevent voter confusion and “frivolous or
fraudulent candidacies.” Monday’s ruling, if it stands, will require
further proceedings to determine whether the law violates freedom of
speech.
“We
want voters to know who they’re voting for,” said Brendan Hamme, an
American Civil Liberties Union lawyer representing Soltysik.
Particularly for down-ballot offices such as legislative seats, he said,
voters are “looking for candidates whose views align with their own”
and would be aided by learning their party affiliation....
