Last week, both sides in the Montana ballot access case filed their briefs. Kelly v McCulloch, cv-08-25-BU, challenges the March petition deadline for independent candidates (for office other than president). The deadline had been in June, until 2007, when the legislature moved it to March. Here is the brief of the ACLU. Here is the state’s brief. The ACLU brief is 34 pages long, but has almost 100 pages of exhibits in addition.
How much time should a petition be allowed to circulate? What is a reasonable or fair number?
A petition should be allowed to circulate as early as the circulator or candidate or party wants to circulate it. Petitioning is First Amendment activity and there is no compelling need to tell people they can’t start early.
As to the number, states that have required more than 5,000 signature requirement never have a crowded ballot. “Crowded ballot” means a ballot with more than 8 candidates for a single office on it. Justice Harlan in Williams v Rhodes said in his concurring opinion that a voter won’t be confused with as many as 8 candidates for a single office, so I use that standard also.
Having the deadline be in March – especially in a cold weather state like Montana – is also completely unreasonable. There is no reason that the deadlike could not be in August or September of the election year.