On August 27, the Green Party of Arkansas had filed a federal lawsuit, alleging that the vote test for a party to remain on the ballot is unduly limited. The law seems to require a party to poll 3% for president in order to remain on the ballot in a presidential election year. No matter how well it does in other statewide races, it is removed from the ballot without a good showing in the presidential race.
The state is asking that the case be dismissed before any evidence-gathering is conducted. The state filed its brief on October 12, and seems to argue that if the petition requirements to get a party back on the ballot are reasonable, any retention test is constitutional, no matter how difficult that test is. The Green Party’s brief had been filed on October 5.
There is no rational basis for restricting access to the ballot. If there were, it would justify abolition of all elections. For example, why not require a petition to obtain a majority of the signatures of all citizens and that petition would eliminate the need for any election at since it would merely be redundant?
Instead, a ballot access petition is tantamount to a special disqualifying election for the purpose of excluding people from representation – a deprivation of citizenship and a grounds for secession.
All ballot access restrictions are an act of war.
Pingback: Both Sides File Briefs in Green Party of Arkansas Lawsuit on How Parties Remain on the Ballot