On September 20, the Green Party filed a notice of appeal to the 8th circuit in Green Party of Arkansas v Daniels, 10-3106.  The issue is an Arkansas law that removes parties from the ballot if they go through a presidential election and fail to poll at least 3% of the vote for President.  The lower court had upheld the law, saying it is not discriminatory.

The only parties that have polled 3% of the vote for President in Arkansas, during the last forty years, have been Ross Perot’s Reform Party in 1996, and an Independent Party formed by Perot in 1992 in order to get on the Arkansas ballot.  At the time, Arkansas didn’t have statutory procedures for independent presidential candidates to get on the ballot, so Perot was forced to create a party in Arkansas.