Eighth Circuit Sets Hearing Date for Arkansas Libertarian Ballot Access Case

The Eighth Circuit will hear Libertarian Party of Arkansas v Martin, 16-3794, on Wednesday, September 20, at 9 a.m., in St. Louis.  The Libertarian Party had won in the U.S. District Court, and the state is appealing.

The issue is the former law that said newly-qualifying parties (which nominate by convention) must choose all their non-presidential nominees in the year before the election, months before the major parties hold primaries to choose their nominees.

This government appeal is unprecedented.  The Arkansas legislature already changed the law to conform to the U.S. District Court ruling, and the problem no longer exists.  But the state still hopes to persuade the Eighth Circuit that the U.S. District Court decision was wrong.  In 49 years of ballot access litigation in federal courts, there has never before been any state which kept appealing the decision even after that state’s legislature corrected the law that had been held unconstitutional.


Comments

Eighth Circuit Sets Hearing Date for Arkansas Libertarian Ballot Access Case — 2 Comments

  1. Moot ??? — unless the remedy imposed by the USA Dist Ct in the original case is claimed to unconstitutional ???

  2. The Libertarian Party deserves to have this considering the divisionist role they set themselves up for decades to come.

    They have attracted the treatment to their own cause.

    Looking for unity? The United Coalition of Candidates has been leading by example for more than 22 consecutive years the unity phenomena that’s sweeping the globe:

    http://www.international-parliament.org/ucc.html

    Nobody has it as good as the United Coalition.

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