A U.S. District Court is expected to hold a trial in late April in the ballot access lawsuit called Block v Mollis, no. 09-47. The issue is whether there is any strong state interest in making it illegal to circulate a petition for a new party in an odd year. Rhode Island does not let the petition to create a new ballot-qualified party start to circulate until January 1 of any even year.

There are many reasons why a group might want to be a qualified party in an odd year. Only qualified parties are listed on the voter registration form, and the sooner a group gets on that form, the faster it will gain registered members. Also, if a party qualifies in an odd year, its chances of recruiting good candidates are enhanced. Also, paid petition circulators tend to be less expensive in odd years than in even years.