Secretary of State Trey Grayson announced today that the State Board of Elections has filed a petition for rehearing en banc to the 6th Circuit U.S. Court of Appeals concerning the January 16, 2004 ruling on Anderson v. Spear.
A three judge panel of the court ruled that portions of Kentucky’s election laws were unconstitutional, including a statute that prohibits electioneering within 500 ft. of a polling place. An en banc review would allow the entire 15 judge panel of the 6th circuit to review the case.
“The Board of Elections has asked the 6th Circuit U.S. Court of Appeals to allow the court in its entirety to hear this important case,” Grayson stated. “We believe that the electioneering ban is an important part of election reform within this state. 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.”
Grayson indicated that this appeal is separate from one announced yesterday by the Attorney General’s office that will focus on the campaign finance laws also struck down by the court in the Anderson case. The Attorney General’s office will represent the Board of Elections in the appeal. The Kentucky Registry of Election Finance decided to not appeal the court’s decision.