Secretary of State Trey Grayson announced today that the State Board of Elections decided today to file for a writ of certiorari with the United States Supreme Court concerning the January 16, 2004 ruling on Anderson v. Spear by the 6th Circuit U.S. Court of Appeals.
“The Board of Elections will ask the U.S. Supreme Court to hear this important case,” Grayson stated. “Our decision to appeal is based primarily on what we feel is best for Kentucky elections and for citizens of the Commonwealth. We believe that the electioneering ban is an important part of election reform within this state.”
A three judge panel of the 6th Circuit ruled that portions of Kentucky’s election laws were unconstitutional, including a statute that prohibits electioneering within 500 ft. of a polling place. In addition to appealing to the Supreme Court, the Board, through the Attorney General’s Office, will request a stay on the 6th Circuit Court’s decision.
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. The Board’s decision today is yet another action to provide Kentuckians with fair and honest elections.”
The Attorney General’s office will also represent the Board of Elections in the appeal.