The Tennessee Constitution, Green and Libertarian Parties are likely to file a federal lawsuit in June 2007, challenging that state’s procedures for getting a party on the ballot. Tennessee’s petition is so difficult, no group has used it since 1968. It requires a petition signed by 2.5% of the last gubernatorial vote. The wording says the signers are members. The deadline is not set forth in the law, but election administrators say it is approximately four months before the primary. Groups that have tried to complete this petition, and failed, include the Constitution Party, the Reform Party, the Populist Party of the 1980’s, and the Green Party.

The only states which have had no qualified parties on the ballot (other than the Democratic and Republican Parties) in the last 30 years are Tennessee and New Jersey. Also, Georgia has had no third parties on the ballot who were qualified for district office in over 30 years, but several on the ballot who were qualified for statewide office, including the Libertarian Party continuously since 1988.