On June 10, Georgia filed this brief in Green Party of Georgia v Kemp, 1:12cv-1822, northern district. The issue is whether Georgia’s presidential ballot access procedures are too difficult. The state says that the 11th circuit upheld Florida’s 3% petition in 1983, but the state fails to explain that at the time, Florida had a 1% petition for minor party and independent presidential ballot access.
The state also says that the fact that the Libertarian Party has been on for president in Georgia ever since 1992 proves the law is not too difficult. But the state doesn’t say that the Libertarian Party has been on the ballot for all statewide office, including president, automatically starting in 1988. To get this status, the Libertarians submitted 25,759 valid signatures in 1988, and they have never again been required to petition for statewide office. Meanwhile, the petition for statewide office, including president, is now over 50,000 signatures.
The state says the Eleventh Circuit has said that comparing the ballot access laws of each state is irrelevant. But the U.S. Supreme Court doesn’t agree, and did compare the laws of all 50 states in two of its past ballot access decisions, Williams v Rhodes, and Jenness v Fortson.
Even though the brief is 25 pages, nowhere does it explain why Georgia’s severe requirement is needed for any purpose. The procedure is so difficult, it has not been used in fourteen years.