A U.S. District Court in Rhode Island is expediting the lawsuit Moderate Party of Rhode Island v Lynch, 10-265.  On August 5, the case will receive a hearing on the plaintiffs’ request for injunctive relief.  The case challenges Rhode Island laws on public funding for political parties.  The law discriminates against qualified political parties that become qualified by petition, and also against qualified political parties that become qualified by virtue of polling a large share of the vote in a presidential election.  When the law on public funding for political parties was written, parties only became ballot-qualified via polling 5% or more for Governor.  In 1994, when the law on how a party becomes ballot-qualified was expanded to let groups become qualified either with a party petition, or by polling 5% for President, no one ever thought to revise the companion law on public funding.

The Moderate Party is the only ballot-qualified party in Rhode Island, other than the Democratic and Republican Parties.  It became ballot-qualified by petition in 2009.