Case: The Libertarian Party of Kentucky v. Grimes

3:15-cv-00086 | U.S. District Court for the Eastern District of Kentucky

Filed Date: April 12, 2015

Closed Date: May 16, 2017

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Case Summary

This case alleged that the Libertarian and Constitution Parties should be classified as political parties, not political groups, for the purposes of elections. On December 11, 2015, plaintiffs - the Libertarian Party of Kentucky, the Libertarian National Committee, the Constitution Party of Kentucky, and Ken Moellman, Jr., an individual voter and former Libertarian Party candidate for Kentucky state office – brought an action against Kentucky's Secretary of State, state's attorney general, and…

This case alleged that the Libertarian and Constitution Parties should be classified as political parties, not political groups, for the purposes of elections.

On December 11, 2015, plaintiffs - the Libertarian Party of Kentucky, the Libertarian National Committee, the Constitution Party of Kentucky, and Ken Moellman, Jr., an individual voter and former Libertarian Party candidate for Kentucky state office – brought an action against Kentucky's Secretary of State, state's attorney general, and members of state's Board of Elections, alleging that Kentucky law unconstitutionally burdened their First and Fourteenth Amendment rights to freedom of political association and equal protection by categorizing the Libertarian Party and Constitution Party as “political groups,” which must petition to list their candidates for state and local office on election ballots, rather than as “political parties” or “political organizations,” which enjoy “blanket” ballot access for all the candidates they nominate.

The Commonwealth of Kentucky classifies a political association as (1) a “political party” if it received at least twenty percent of the total vote cast in the last presidential election, (2) a “political organization” if it received at least two percent of the vote of the state in the last presidential election, or (3) a “political group” if it fails to qualify as a “political party” or a “political organization.” Ky. Rev. Stat. § 118.015. Political candidates who are members of a political party or political organization may gain ballot access by winning their party’s nomination at a convention or in a primary election. Members of a political group, on the other hand, must obtain voters' signatures on a qualifying petition in order to gain ballot access.

The plaintiffs argued that the requirement for blanket party access to the general-election ballot is “impossible, or virtually impossible” to satisfy, and the alternative means of fielding candidates by petition is unconstitutionally burdensome—not as applied to any individual candidate for a specific office, but rather as applied to the Libertarian Party and Constitution Party as political associations, because these associations must incur high costs of gathering and filing petitions in order to field a slate of candidates for state and local office. They argued that by allowing political parties and organizations blanket ballot access without the need for petitioning, and by requiring groups like the Libertarian Party and Constitution Party to incur heavy burdens by filing petitions, the Commonwealth’s ballot-access laws deny appellants equal protection and “appear designed” to “keep candidates other than the Democrat and Republican candidates off the ballot.”

On December 23, 2015, the defendant Attorney General of Kentucky filed a motion to dismiss for failure to state claim. On December 29, the other defendants filed a motion to dismiss for failure to state a claim as well.

On February 3, 2016, plaintiffs filed a motion for summary judgment. Defendants later filed a motion for summary judgment as well.

On February 22, 2016, the court denied the motion to dismiss for all defendants except for the defendant Attorney General; the defendant Attorney General’s motion to dismiss was granted.

On July 8, 2016, the district court granted defendants’ motion for summary judgment concluding that the Commonwealth of Kentucky’s three-tiered ballot-access scheme was a constitutional means of exercising the Commonwealth’s power to regulate elections.

The case is now closed.

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Summary Authors

(9/3/2024)

Documents in the Clearinghouse

	Document
1 3:15-cv-00086	Verified Complaint for Declaratory and Injunctive Relief for Constitutional Violations The Libertarian Party O v. Grimes	Dec. 4, 2015	Dec. 4, 2015 Complaint
6 3:15-cv-00086	Motion to Dismiss of Jack Conway, Attorney General of the Commonwealth of Kentucky The Libertarian Party O v. Grimes	Dec. 23, 2015	Dec. 23, 2015 Pleading / Motion / Brief
7 3:15-cv-00086	Motion to Dismiss The Libertarian Party O v. Grimes	Dec. 29, 2015	Dec. 29, 2015 Pleading / Motion / Brief
8 3:15-cv-00086	Plaintiffs' Memorandum in Opposition to Defendant Hon. Jack Conway's Motion to Dismiss The Libertarian Party O v. Grimes	Dec. 30, 2015	Dec. 30, 2015 Pleading / Motion / Brief
9 3:15-cv-00086	Plaintiffs' Memorandum in Opposition to the KSBE Defendant's Motion to Dismiss The Libertarian Party O v. Grimes	Dec. 30, 2015	Dec. 30, 2015 Pleading / Motion / Brief
13 3:15-cv-00086	Attorney General Andy Beshear's Reply Memorandum in Support of Motion to Dismiss The Libertarian Party O v. Grimes	Jan. 13, 2016	Jan. 13, 2016 Pleading / Motion / Brief
15 3:15-cv-00086	Reply to Plaintiff's Response to Motion to Dismiss The Libertarian Party O v. Grimes	Jan. 13, 2016	Jan. 13, 2016 Pleading / Motion / Brief
15 3:15-cv-00086	Reply to Plaintiff's Response to motion to Dismiss The Libertarian Party O v. Grimes	Jan. 13, 2016	Jan. 13, 2016 Pleading / Motion / Brief
16 3:15-cv-00086	Plaintiffs’ Motion For Temporary Restraining Order, Preliminary Injunction, Permanent Injunction, And Summary Judgment, With Declarations Of Cyrus Eckenberg, Ken Moellman, Jr., Tina Krogdahl, Christina Tobin, And Richard Winger In Support The Libertarian Party O v. Grimes	Feb. 3, 2016	Feb. 3, 2016 Pleading / Motion / Brief
17 3:15-cv-00086	Plaintiffs’ Emergency Motion For Expedited Consideration And Deadlines To Resolve And Hear This Matter The Libertarian Party O v. Grimes	Feb. 3, 2016	Feb. 3, 2016 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268395/the-libertarian-party-of-kentucky-v-grimes/

Last updated April 12, 2026, 4:51 a.m.

ECF Number	Description	Date	Link Date / Link
4	SUMMONS Returned Executed by Ken Moellman, Jr, Libertarian National Committee, Inc., Constitution Party of Kentucky, The Libertarian Party of Kentucky via Certified Mail on KY AGO to Maryellen Allen served on 12/9/2015, answer due 12/30/2015; Donald W. Blevins served on 12/9/2015, answer due 12/30/2015; Joshua G. Branscum served on 12/9/2015, answer due 12/30/2015; Albert B. Chandler, III served on 12/9/2015, answer due 12/30/2015; Jack Conway served on 12/9/2015, answer due 12/30/2015; Allison Lundergan Grimes served on 12/9/2015, answer due 12/30/2015; John Hampton served on 12/9/2015, answer due 12/30/2015; Stephen Huffman served on 12/9/2015, answer due 12/30/2015; George Russell served on 12/9/2015, answer due 12/30/2015. (Wiest, Christopher) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015
5	NOTICE by Jack Conway re 1 Complaint, of Intention Not to Intervene (Long, Benjamin) (Entered: 12/23/2015)	Dec. 23, 2015	Dec. 23, 2015
6	MOTION to Dismiss for failure to state a claim by Jack Conway Attorney General of the Commonwealth of Kentucky (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Mayo, Steven) (Entered: 12/23/2015)	Dec. 23, 2015	Dec. 23, 2015 Clearinghouse
7	MOTION to Dismiss for failure to state a claim by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Caldwell, Noel) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015 Clearinghouse
8	RESPONSE in Opposition re 6 MOTION to Dismiss for failure to state a claim by Jack Conway Attorney General of the Commonwealth of Kentucky filed by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky. (Attachments: # 1 Proposed Order)(Wiest, Christopher) (Entered: 12/30/2015)	Dec. 30, 2015	Dec. 30, 2015 Clearinghouse
9	RESPONSE in Opposition re 7 MOTION to Dismiss for failure to state a claim by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell filed by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky. (Attachments: # 1 Proposed Order)(Wiest, Christopher) (Entered: 12/30/2015)	Dec. 30, 2015	Dec. 30, 2015 Clearinghouse
10	NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Christopher Wiest. 1 Complaint, has been filed by The Libertarian Party of Kentucky, Libertarian National Committee, Inc, Constitution Party of Kentucky without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016
11	FRCP 7.1 DISCLOSURE STATEMENT by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky. (Wiest, Christopher) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016
12	NOTICE OF APPEARANCE by Jack Conway. (James, Matthew) (Additional attachment(s) added on 1/14/2016: # 1 Certificate of Service) (AKR). (Entered: 01/13/2016)	Jan. 13, 2016	Jan. 13, 2016
13	REPLY to Response to Motion re 6 MOTION to Dismiss for failure to state a claim by Jack Conway Attorney General of the Commonwealth of Kentucky filed by Jack Conway. (Mayo, Steven) (Entered: 01/13/2016)	Jan. 13, 2016	Jan. 13, 2016 Clearinghouse
14	NOTICE OF FILING by Jack Conway re 12 NOTICE OF APPEARANCE (Attachments: # 1 Certificate of Service - Notice of Appearance)(James, Matthew) (Entered: 01/13/2016)	Jan. 13, 2016	Jan. 13, 2016
15	REPLY to Response to Motion re 7 MOTION to Dismiss for failure to state a claim by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell filed by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell. (Caldwell, Noel) (Entered: 01/13/2016)	Jan. 13, 2016	Jan. 13, 2016 Clearinghouse
16	MOTION for Summary Judgment by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky, MOTION for Temporary Restraining Order by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky, MOTION for Preliminary Injunction by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky, MOTION for Permanent Injunction by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky, MOTION for Declaratory Judgment by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Affidavit Declaration of Cyrus Eckenburg, # 3 Affidavit Declaration of Ken Moellman, Jr., # 4 Affidavit Declaration of Marthina "Tina" Krogdahl, # 5 Affidavit Expert Declaration of Christina Tobin, # 6 Affidavit Expert Declaration of Richard Winger, # 7 Proposed Order Proposed Order granting summary judgment, declaratory relief, and injunctive relief)(Wiest, Christopher) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016 Clearinghouse
17	EMERGENCY MOTION to Expedite by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Exhibit KY Election Calendar, # 3 Proposed Order Proposed Order)(Wiest, Christopher) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016 Clearinghouse
18	NOTICE OF APPEARANCE by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell. (Salomon, Jonathan) (Entered: 02/08/2016)	Feb. 8, 2016	Feb. 8, 2016
19	RESPONSE in Opposition re 17 EMERGENCY MOTION to Expedite by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky filed by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell. (Attachments: # 1 Proposed Order)(Salomon, Jonathan) (Entered: 02/08/2016)	Feb. 8, 2016	Feb. 8, 2016 Clearinghouse
20	REPLY to Response to Motion re 17 EMERGENCY MOTION to Expedite by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky filed by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky. (Attachments: # 1 Proposed Order)(Wiest, Christopher) (Entered: 02/08/2016)	Feb. 8, 2016	Feb. 8, 2016 Clearinghouse
21	MOTION to Withdraw as Attorney by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell (Attachments: # 1 Proposed Order)(Caldwell, Noel) (Entered: 02/09/2016)	Feb. 9, 2016	Feb. 9, 2016
22	ORDER: GRANTS 21 Mr. Caldwell's Motion to Withdraw as counsel for the defendants stated above. The appearance of Mr. Caldwell is withdrawn in this matter and electronic notifications of filing to Mr. Caldwell are terminated. Signed by Judge Gregory F. VanTatenhove on 2/10/2016. (AKR)cc: COR (Entered: 02/11/2016)	Feb. 11, 2016	Feb. 11, 2016
23	EXPEDITED MOTION for Status Conference by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Salomon, Jonathan) Modified by adding text to reflect caption of pleading on 2/19/2016 (AKR). (Entered: 02/18/2016)	Feb. 18, 2016	Feb. 18, 2016 Clearinghouse
24	RESPONSE to Motion re 23 MOTION for Status Conference by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell filed by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky. (Attachments: # 1 Proposed Order)(Wiest, Christopher) (Entered: 02/18/2016)	Feb. 18, 2016	Feb. 18, 2016 Clearinghouse
25	RESPONSE in Support re 23 MOTION for Status Conference by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell filed by Jack Conway. (Mayo, Steven) (Entered: 02/19/2016)	Feb. 19, 2016	Feb. 19, 2016 Clearinghouse
26	MEMORANDUM OPINION & ORDER: 1. The Motion to Dismiss filed by Defendants Alison Lundergan Grimes and the Kentucky State Board of Elections [R. 7] is DENIED; 2. The Motion to Dismiss filed by Attorney General Beshear [R. 6] is GRANTED; and 3. The Plaintiffs' claims against Attorney General Beshear in his official capacity are hereby terminated from the case. Signed by Judge Gregory F. VanTatenhove on 2/22/2016.(AKR)cc: COR	Feb. 22, 2016	Feb. 22, 2016 Clearinghouse
27	ORDER: Matter referred to Magistrate Judge Edward B. Atkins, for, 1. Supervising discovery and pretrial proceedings; 2. Conducting all pretrial and status conferences, establishing and extending discovery deadlines, and all other deadlines, holding such hearings as may be required, and ruling on non-dispositive motions, except motions in limine. See Brown v. Wesley's Quaker Maid, Inc., 771 F.2d 952 (6th Cir. 1985). Dispositive motions and motions in limine will be referred by the Clerk of this Court to the appropriate United States District Judge. Subject to other provisions of law, the Final Pretrial Conference and Trial will also be before a United States District Judge, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). Signed by Judge Gregory F. VanTatenhove on 2/23/2016.(AKR)cc: COR Modified text to accurately reflect referral on 2/25/2016 (AKR). (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 Clearinghouse
28	STIPULATION for Briefing Schedule by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell. (Salomon, Jonathan) (Entered: 02/24/2016)	Feb. 24, 2016	Feb. 24, 2016
29	ORDER: Defendants' Expedited Motion 23 for Status Conference is GRANTED, and matter shall come before Court for a TELEPHONE CONFERENCE on 3/1/2016 at 02:00 PM. Counsel shall access the conference by calling AT&T Teleconferencing (see Order.) In anticipation of the call, and not later than 12:00 PM on 2/29/2016, counsel shall submit proposed schedules for the Court's review. Signed by Magistrate Judge Edward B. Atkins on 2/25/2016.(CBD)cc: COR, Pike D (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 Clearinghouse
30	ORDER: Defendants' response to Plaintiffs' Motion 16 for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction, and Summary Judgment 16 shall be filed on or before 3/21/2016, and Plaintiffs may file a reply in support of their Motion 16 on or before 4/7/2016. Signed by Magistrate Judge Edward B. Atkins on 2/25/2016.(CBD)cc: COR (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 Clearinghouse
32	MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/1/2016, before Magistrate Judge Edward B. Atkins: that the Plaintiff's emergency motion for expedited consideration of the issues presented in this matter [R. 17] is GRANTED to the extent that the parties shall complete briefing on the pending and expected dispositive motions. It is DENIED to the extent that it may be construed to request a period of fact discovery. (Court Reporter None Required.). Signed by Magistrate Judge Edward B. Atkins on 3/7/2016. Signed by Edward B. Atkins. (AKR)cc: COR (Entered: 03/08/2016)	March 1, 2016	March 1, 2016 Clearinghouse
31	ANSWER to 1 Complaint, by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell.(Salomon, Jonathan) (Entered: 03/07/2016)	March 7, 2016	March 7, 2016 Clearinghouse
43	EMERGENCY MOTION Emergency Motion for Status Conference by Constitution Party of Kentucky, Libertarian National Committee, Inc., Ken Moellman, Jr, The Libertarian Party of Kentucky Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Proposed Order)(Wiest, Christopher) (Entered: 07/05/2016) 1 Memorandum in Support Memorandum in Support View on PACER 2 Proposed Order View on PACER	July 5, 2016	July 5, 2016 Clearinghouse
44	NOTICE by Maryellen Allen, Donald W. Blevins, Joshua G. Branscum, Albert B. Chandler, III, Allison Lundergan Grimes, John Hampton, Stephen Huffman, George Russell of Withdrawal (Green, Nancy) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016
45	MEMORANDUM OPINION & ORDER: Plaintiffs' Motion for Summary Judgment 16 is DENIED and the Defendants' Counter-Motion for Summary Judgment 33 is GRANTED. Judgment in favor of the Defendants shall be entered contemporaneously herewith. Signed by Judge Gregory F. VanTatenhove on 7/8/2016.(CBD)cc: COR	July 8, 2016	July 8, 2016 RECAP
46	JUDGMENT: 1. Judgment is entered in favor of the Defendants with respect to all issues raised in this proceeding; 2. Any pending motions 43 are DENIED; as MOOT; 3. This action is DISMISSED and STRICKEN from the Court's active docket; and 4. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Gregory F. VanTatenhove on 7/8/2016.(CBD)cc: COR	July 8, 2016	July 8, 2016 RECAP

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Case Details

State / Territory:

Kentucky

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 12, 2015

Closing Date: May 16, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Libertarian Party of Kentucky, the Libertarian National Committee, the Constitution Party of Kentucky, and an individual voter and former Libertarian Party candidate for Kentucky state office.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State/Commonwealth of Kentucky, Kentucky State Board of Elections

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Eastern District of Kentucky 3:15-cv-00086

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Amount Defendant Pays: 0

Order Duration: 2016 - 2017

Issues

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Recommended Citation

Case Summary of The Libertarian Party of Kentucky v. Grimes, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45066/ (last updated 9/3/2024).