Minnesota Supreme Court candidate Gregory Wersal, who previously won a case in the Supreme Court challenging Minnesota’s restrictions on speech during judicial elections, was back in federal court today challenging a Minnesota rule limiting the ability of judicial candidates to personally solicit campaign funds. In 2004, Minnesota’s judicial canon prohibiting all personal solicitations by a judge or judicial candidate was struck down by the U.S. Court of Appeals as violating the First Amendment. Minnesota responded by passing a new rule allowing candidates to personally solicit money - but only to groups of 20 or more. Wersal’s suit claims that this new provision limits his ability to raise needed campaign funds, and is unconstitutional for the same reasons as the previous provision.  
 
Also challenged is a judicial canon prohibiting judicial candidates from making endorsements.
 
According to attorney James Bopp, Jr., lead counsel for the plaintiffs, “these canons are in direct conflict with federal court precedent and are inconsistent with the spirit of the ruling of the U.S. Supreme Court that said judicial candidates have full First Amendment protection for their political speech. The First Amendment protects political speech to small groups or individuals just as much as it does speech to groups of 20 or more. There’s nothing magical about the number 20 that makes the First Amendment not apply.”
 
The case is Wersal v. Sexton, et al., 08-CV-615, and was assigned to District Court Judge David Doty. The complaint and memorandum supporting the motion for preliminary injunction are available in PDF format online at the James Madison Center’s website, www.jamesmadisoncenter.org , under the “Judicial Accountability Project” link.
 
Bopp, an expert in campaign regulations, successfully argued the 2004 challenge to Minnesota’s previous solicitation clause, as well as the 2002 U.S. Supreme Court case Republican Party of Minnesota v. White, 536 U.S. 765 (2002), which forms the basis for this action.
 
James Bopp, Jr. has a national federal and state election law practice. He is General Counsel for the James Madison Center for Free Speech and Co-Chairman of the Election Law Subcommittee of the Federalist Society.