The US Court of Appeals for the Sixth Circuit [official website] on Tuesday upheld [text, PDF] Ohio’s rules for judicial campaigns, saying the rules “strike the delicate balance between the Constitution’s commands and the state’s desire to protect judicial integrity.”

Canon 4 of the Ohio Code of Judicial Conduct places restrictions on judicial candidates’ funding and conduct. Among other restrictions, judicial candidates may not solicit campaign contributions, starting 120 days before the primary and ending 120 days after the general election, nor may they publicly oppose or endorse a candidate for another public office or personally solicit financial contributions. The plaintiff contested six provisions, saying the rules violate their constitutional rights to free speech, due process and equal protection.

The court rejected the plaintiff’s arguments and affirmed the district court’s ruling. The court’s primary analysis focused on the argument that the Code was unconstitutionally vague and failed to put candidates on notice of actions which would violate the rules. The court struck down the argument, saying: “the Code’s plain language and clarifying comments, and the Board’s elaboration through staff letters and advisory opinions, provide fair notice to judicial candidates of what conduct is prohibited.”