Mazo v. New Jersey Secretary of State, No. 21-2630 (3d Cir. 2022)Annotate this Case
New Jersey permits candidates running in primary elections to include beside their name a slogan of up to six words to help distinguish them from others on the ballot but requires that candidates obtain consent from individuals or incorporated associations before naming them in their slogans. Candidates challenged this requirement after their desired slogans were rejected for failure to obtain consent. They argued that ballot slogans are, in effect, part of the campaign and that the consent requirement should be subject to traditional First Amendment scrutiny.
The district court disagreed, holding that, though the ballot slogans had an expressive function, the consent requirement regulates the mechanics of the electoral process. The court applied the Anderson-Burdick test. The Third Circuit affirmed. The line separating core political speech from the mechanics of the electoral process “has proven difficult to ascertain.“ The court surveyed the election laws to which the Supreme Court and appellate courts have applied the Anderson-Burdick test, as opposed to a traditional First Amendment analysis, and derived criteria to help distinguish which test is applicable. New Jersey’s consent requirement is subject to Anderson-Burdick’s balancing test; because New Jersey’s interests in ensuring election integrity and preventing voter confusion outweigh the minimal burden imposed on candidates’ speech, the requirement passes that test.