Arkansas Democratic Party leaders in the legislature seem to have concluded they will not support HB 1247, the bill to change the definition of “political party” from a group that got 3% for the office at the top of the ticket in the last election, to a group that got 3% for any statewide office at either of the last two elections. The bill has a hearing scheduled for next week and with enough lobbying, perhaps the bill can pass.

If the bill does not pass, the Arkansas Green Party will be in an excellent position to bring a new lawsuit, arguing that it should be on the ballot without doing a new petition. The purpose of ballot access laws is to keep the ballot from being crowded with too many parties, or with parties that have no meaningful support. But in the November 2008 election, the Green Party of Arkansas elected a state legislator, polled almost 21% for U.S. Senate, and almost 16% of the entire vote of the state for U.S. House. However, the state does not recognize it, because it polled less than 3% for president.

No federal court has ever invalidated any state’s vote test, but this potential case would be a very strong case. It is absurd that a party that elected a state legislator is deemed by the state to lack enough popular support to be on the ballot.