On August 21, the Eighth Circuit said it will not stay the July 2019 decision of a U.S. District Court that enjoined the new Arkansas ballot access law. The order does not identify which three judges handled the case. It is very short and says, “The motion for a stay pending appeal has been considered and is denied. The motion for an expedited appeal is granted and the case will be set for oral argument during the week of December 9-13 in St. Louis, Missouri.”

This order means that the Arkansas Libertarian Party is on the ballot for 2020. Theoretically if the state won its appeal that will be argued in December 2019, the party could be removed. However, it is extremely likely that the Eighth Circuit will not reverse the U.S. District Court; otherwise the Eighth Circuit would almost surely have granted the Secretary of State his request for a stay.