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Federal Election Commission | United States of America

Trinsey v. FEC

Summary

Background

On October 27, 1992, the U.S. District Court for the Eastern District of Pennsylvania dismissed a suit filed by John H. Trinsey, Jr., a 1992 Presidential candidate. (Civil Action No. 91-8041.) He had brought suit against 49 of the 50 states (all except New Hampshire) as well as the District of Columbia and Guam, seeking a declaration that the ballot access laws in South Dakota (where allegedly he was denied access to the primary ballot) and the other jurisdictions were unconstitutional. He also asked the court to bar the payment of matching funds to 1992 candidates until he was permitted to gain ballot access.

The court granted defendants' motions to dismiss the suit, noting that the U.S. District Court in South Dakota dismissed, with prejudice, a virtually identical suit filed by Mr. Trinsey. The court further noted that the Eighth Circuit Court of Appeals upheld the South Dakota court's dismissal after carefully considering Mr. Trinsey's claim (Trinsey v. Hazeltine, Civil Action No. 92-1394, September 2, 1992). On this basis, the Pennsylvania district court dismissed the suit even though some of the defendants had not yet filed their motions.

Source:   FEC Record — December 1992

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.