On July 3, a state district court in Oklahoma upheld that state’s ballot access laws for new and minor political parties. Judge Bryon Dixon issued a one-sentence opinion, saying that since a federal court in 1988 had upheld that law, therefore that opinion controls. Of course this is not correct. The lawsuit, Libertarian Political Organization v Clingman, 04-2949 (Oklahoma County) is based on the Oklahoma Constitution, which says, “Elections shall be free and equal”. The U.S. Constitution does not have any such explicit protection. The Libertarian Party is not surprised by Judge Dixon’s one-sentence opinion, and will now appeal to the State Supreme Court.

No lower state court judge has ever ruled that a state law, regulating the number of signatures needed for a new party to get on the ballot, is unconstitutional. When minor parties and independent candidates have won such constitutional cases in state courts, they have always had to depend on that state’s highest state court to have the courage to make such a ruling. Lower state judges are always too timid.

In 2004, Oklahoma voters were the only U.S. voters who could not vote for president unless they voted for George W. Bush or John Kerry. No one else was on the ballot, and write-ins are not permitted.