Last year, a U.S. District Court in Arkansas enjoined the new 3% petition requirement for newly-qualifying parties, and put the Arkansas Libertarian Party on the ballot for 2020. On June 18, the Eighth Circuit ruled that the U.S. District Court Judge was correct. Libertarian Party of Arkansas v Thurston, 19-2503.

The Eighth Circuit decision is here. It is written by Judge Michael Melloy, a Bush Jr. appointee; and is signed by Judges Ralph Erickson and Jonathan Kobes, Trump appointees. The opinion says that while is is conceivable that the 3% petition by itself could be held constitutional, in connection with the extremely early deadline, is is not constitutional. The deadline is an entire year before the election. The opinion applies strict scrutiny because the burden is severe.