Court Won't Hear Judicial Elections Case
By TONI LOCY, Associated Press Writer
Monday, January 23, 2006
(01-23) 07:47 PST (AP) --
WASHINGTON — The Supreme Court refused Monday to decide whether states can restrict candidates for judgeships from participating in political party activities and soliciting campaign contributions.
By doing so, the justices let stand a controversial lower court decision that voided rules that Minnesota and 30 other states have adopted to keep elections nonpartisan.
Four years ago, the high court split 5-4 in striking down another provision of Minnesota's judicial election rules that prohibited a candidate from revealing his or her legal or political views. The justices said then that Minnesota's "announce clause" violated the First Amendment's guarantees of free speech.
Last year, the 8th U.S. Circuit Court of Appeals struck down Minnesota's other restrictions on partisan activities and fundraising, saying the rules violated the candidates' First Amendment rights.
A twice-failed candidate for judge, Gregory Wersel, and the state's Republican Party had challenged Minnesota's restrictions, arguing that the rules prevent the public from making informed decisions in judicial elections.
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http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/01/23/national/w074701S82.DTL