Secretary of State Trey Grayson announced today that the Office of the Attorney General filed a writ of certiorari with the United States Supreme Court on behalf of the Kentucky State Board of Elections in Anderson v. Spear. This case struck down Kentucky’s “electioneering” law.
“The State Board of Elections decision to appeal this case is based primarily on what we feel is best for Kentucky elections and for citizens of the Commonwealth,” Grayson stated. We believe that the electioneering ban is an important part of election reform within this state.”
On January 16, 2004 a three judge panel of the 6th Circuit U.S. Court of Appeals ruled that the Commonwealth’s electioneering buffer zone, which prohibited electioneering within 500 feet of the polling place, was unconstitutional. The Office of the Attorney General, on behalf of the Board of Elections, asked the 6th Circuit to hear the case en banc. On April 20th, the Commonwealth’s petition for rehearing was denied.
Grayson continued, “If we are to prevent fraud from entering the election process, it is necessary to create an environment that reflects this desire. By legalizing electioneering near the polls, we allow an atmosphere for corruption to flourish. This appeal is yet another action to provide Kentuckians with fair and honest elections.”
The Office of the Attorney General is also appealing the decision of the 6th Circuit that struck down several election finance statues as unconstitutional. The State Board of Elections is not a party to that portion of the appeal.