Judge Rules "Anti-Slating" Law Can't Be Enforced

A federal district court in Indianapolis Tuesday issued a final judgment in a 2012 dispute between a state legislative candidate and the Marion County Election Board. The ruling means people are free to distribute lists of preferred candidates without prior consent.

In May 2012, the Marion County Election Board found Democrat Zachary Mulholland in violation of Indiana’s “anti-slating” statute. The law bars individuals from distributing campaign materials with their preferred slate—or list—of candidates on the ballot without consent of both the candidates and the election board.

In 2003, a federal court ruled the law unconstitutional, but the board argued that ruling only applied to the parties in that case. Mulholland claimed it applied universally and sued.

Tuesday’s decision affirms an agreement reached between the two parties that the law will not be enforced against Mulholland or anyone else. The American Civil Liberties Union of Indiana represented Mulholland—Ken Falk is its legal director. He says the decision is a win for political speech.

“I hope it means this statute will never be enforced again," Falk said. "I hope it means that we’re all free to create slates saying I support this candidate, this candidate and this candidate without permission from the candidates or without notifying the board.”

Election board representatives reached by phone declined to comment on the case.