Arkansas Libertarians File Lawsuit Against New Ballot Access Restriction

On March 28, the Arkansas Libertarian Party filed a federal lawsuit against the new Arkansas ballot access for newly-qualifying parties. Libertarian Party of Arkansas v Thurston, 4:19cv-214. The case is assigned to Judge Kristine Baker, an Obama appointee.

Last month the state raised the number of signatures from 10,000 to 3% of the last gubernatorial vote, which for 2020 is 26,746 signatures.

Arkansas also required a petition of 3% of the last gubernatorial vote in 1996, when the Reform Party tried and failed to qualify. The Reform Party then sued and won its lawsuit. The 3% petition was declared unconstitutional, given the historical record that it had been in effect since 1977 and never been used successfully. The state appealed, but then dropped its appeal. However the legislature didn’t change the 3% requirement. It did move the deadline from January to May, and permitted five months to obtain the signatures, and said if the original petition was judged deficient, the party had two more weeks to get more signatures. Later the May deadline was moved earlier, and just this month the deadline was moved still earlier, to September of the year before the election.

The Green Party sued over the 3% in 2006, and it won its case also. In 2007 the legislature lowered the petition to 10,000, and action reversed by the legislature last month.


Comments

Arkansas Libertarians File Lawsuit Against New Ballot Access Restriction — 9 Comments

  1. I know when the Green Party sued over a similar issue in 2006, they gather the 10,000 valid petitions and used them for better standing in the lawsuit. Is the LP of AR going to do the same?

  2. The nonstop rig elections machinations will NOT end until LOTS of gerrymander HACKS are put in a fed jail for about 10 years at least —

    for SUBVERSION of 4-4 RFG and 14-1 EPC.

    See also 18 USC Secs 241-242.

  3. There is no need to petition in order to have standing. Three times, the US Supreme Court has said that plaintiffs have standing in a ballot access case even if they didn’t try to petition. One is the Socialist Labor Party in Ohio in 1968, folded into Williams v Rhodes. One is Eugene McCarthy in 1976 in Texas, in McCarthy v Briscoe. And one is Gus Hall, the Communist Party presidential candidate, in California in 1972, folded into Storer v Brown.

    Lots of lower court decisions agree. Most of them are mentioned in Libertarian Party of Kentucky v Ehrler, a 1991 case in which the judge struck down three ballot access restrictions even though the party had not petitioned in Kentucky for the 1991 state office election.

  4. One more chance to enlighten the brain dead courts that INDIVIDUAL candidates get nominated and elected.

    Separate is NOT equal. Brown v Bd of Ed 1954 — a mere 65 years ago.

    Each election or each office is NEW.

    14-1 EQUAL ballot access tests.

    Too difficult or the genius/MORON lawyers in ballot access cases

    — since the SCOTUS M-O-R-O-N op in Williams v Rhodes 1968

    — now a mere 51 years ago???

  5. Governor and state legislators should be sued under 42 US Code 1983 and 1985, then federally prosecuted under the RICO act.

  6. The last three weeks of news on this site has been mostly brutal for third parties and independent candidates. Still waiting for you to post a headline that says a legislator has proposed a bill that says a state can only have candidates from the two major parties.

  7. The Hagenbach-Bischoff Quota and Droop Quota are the best numbers to use for thresholds in elections.

    The new United Coalition USA is bringing the 539-party system to the Electoral College in 2020 and our team has a better idea and that is to unite all parties and independents.

    Fortunately the two seats for for President and Vice President will bring a three-party system in 2020 (thresholds of 33.33%, plus one vote) but the threshold for the whole team will be 1/539ths (.18 of 1%), plus one vote).

    Our team has been doing it right since we were first elected as a 100-member elected team on August 6th 1995 and which continues to sustain and support the USA Environmentalist Party.

  8. CC — a number of State regimes are following COMMAND Orders from Devil City to wipe out 3rd parties and independents OFF the ballots — esp. in the about 10 marginal 2016 Prez States.

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