The 9th circuit will hear oral arguments in Kelly v McCulloch, 10-35174, on November 5, 2010, in Portland, Oregon.  This is the case filed in 2008 against the March petition deadline for non-presidential independent candidates.  The non-presidential independent candidate petition deadline in Montana had been in June (simultaneous with the primary) until 2007, when the legislature moved it to March.  The U.S. District Court had ruled that the plaintiffs lack standing, so this case hasn’t had a ruling on the merits yet.  This is an ACLU case.

Montana is one of only two states in which no ballot access law that affects minor parties or independent candidates has every been held unconstitutional, or unlawful.  The other such state is New Hampshire.