U.S. District Court Judge Susan Bolton, a Clinton appointee, will hear arguments in Arizona Green Party v Bennett on January 11, 2010, at 11:30 a.m., in Phoenix. The party is asking for a temporary restraining order to let it use out-of-state residents to help circulate its petition for party status. The party also asks for more time to complete the petition. The statutory deadline was moved from March 2010 to February 2010 by a bill that passed earlier this year. There are precedents that say that when a state moves a deadline to an earlier point, it cannot implement that earlier deadline in the middle of petitioning season, but should make the new deadline effective for the next election.
Arizona has some of the most onerous ballot access laws, and it really does not help that the Secretary of State shortened the deadline mid-season.
It’s also worth noting that if the Green Party gets ballot access for 2010, it will be the first time they have kept it for two successive election cycles. The Libertarians currently maintain ballot access by virtue of voters registered as Libertarian, but the push for people to register as Independents has driven them right to the threshold, and I expect they’ll be out petitioning next year too.
I believe the Arizona Libertarians will always be able to remain above the two-thirds of 1% Registration threshold, and will never need to petition.
Let’s hope you’re right!