The Working Families Party’s ballot access case will be heard in federal court on September 11 at 2 p.m. The issue is whether the party (which the state admits is a qualified party) is permitted to nominate candidates this year. The party followed the law, which permits a party to submit its petition no later than six months before the general election. But the state says if a new party wants to nominate any candidates in its first year on the ballot, it must really submit the petition much earlier.

The state lost on this issue in 1996, in a lawsuit won by the Natural Law Party. In 1996, the state admitted it was wrong, and didn’t contest the lawsuit. This year the state says should never have given in, back in 1996. The hearing is before Judge Cameron McGowan, a Clinton appointee.