On October 1, the North Dakota Libertarian Party filed a notice of appeal to the 8th circuit, in Libertarian Party of North Dakota v Jaeger. The issue is a state law that does not permit any political party to run a candidate for the legislature, with the party label, unless approximately 10% to 15% of the voters choose to vote in that party’s primary. North Dakota has open primaries; any voter can choose any party’s primary ballot. It is wildly unlikely that any new or minor party would ever be able to attract between 10% and 15% of all the primary voters to vote in its primaries. Traditionally, very few voters in open primary states choose to vote in a minor party primary. Even the Vermont Progressive Party’s primary this year attracted fewer than 600 voters, yet the Progressive Party regularly elects six or so members of the state legislature.