A precedential U.S. Court of Appeals for the Third Circuit opinion has applied the more flexible Anderson-Burdick test—rather than a traditional First Amendment analysis—to a challenge brought by two candidates over New Jersey’s consent requirement, which regulates slogans that appear next to a candidate’s name on a ballot.

“This case asks us to determine where the campaign ends and the electoral process begins,” stated Judge Cheryl Ann Krause, in her written opinion for the court. “New Jersey permits candidates running in primary elections to include beside their name a slogan of up to six words to help distinguish them from others on the ballot.”