U.S. District Court Enjoins New Arkansas Petition 3% Requirement for New Parties

On July 3, U.S. District Court Judge Kristin G. Baker enjoined the new Arkansas petition requirement for newly-qualifying parties. Libertarian Party of Arkansas v Thurston, e.d., 4:19cv-214. Here is the 63-page order.

Earlier this year, the Arkansas legislature had increased the party petition from 10,000 signatures, to 3% of the last gubernatorial vote, which is currently 26,746 signatures. The order says, on page 49, “There is no record evidence before the Court that explains the State’s interest – let alone a compelling one – in requiring new political parties to meet the 3% requirement, file a petition more than a year in advance of the general election, and collect signatures in a 90-day window.” On page 51, the order says, “There is no record evidence of ballot overcrowding. In fact, Mr. Hood, the State of Arkansas’ own expert, conceded that a ballot with only a Democrat, a Republican, and a Libertarian would not be an overcrowded ballot.”

Page 55 says, “There is no record evidence that requiring the State of Arkansas if the LPAR presents a petition with at least 10,000 signatures of registered voters would do any harm to either the Secretary of State, the State of Arkansas, or the public.”

The number of signatures is enjoined. The court did not enjoin the early petition deadline because the Libertarian Party doesn’t need relief from that deadline, having collected over 18,600 signatures during April, May, and June 2019. But the order does say that even though the September 2019 petition deadline is not being enjoined, it is likely unconstitutional also.


Comments

U.S. District Court Enjoins New Arkansas Petition 3% Requirement for New Parties — 3 Comments

  1. NO regime requires any *reason* to enact laws within its subject matter POWER

    — regardless of any SCOTUS moron ops.

  2. This is really good news. Great job LP. I hope that you are victorious in the final ruling.

  3. I’m still baffled that one state (Arkansas) can require petitions be circulated in the year before the election, while another (New Hampshire) prohibits proteins from being circulated before January 1 of the election year.

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