The 8th circuit will hold an oral argument in Libertarian Party of North Dakota v Jaeger, 10-3212, although the exact date hasn’t been set yet. It will be in late March or early April. This is the case that challenges the North Dakota law that does not permit a qualified party to run candidates for the legislature in November, unless approximately 10% to 15% of all the voters who show up to vote in the primary choose that party’s primary ballot. Because the overwhelming majority of primary voters, in North Dakota and generally, are more interested in voting in the major party primaries, in effect this means that minor parties can never have nominees for the legislature on the November ballot.

No minor party has appeared on a November ballot in North Dakota, for a state legislative race, with the party label, since 1976, when the American Party managed to attract an usually high vote into its primary.

March will be a very important month for constitutional ballot access lawsuits. The hearing in the 3rd circuit against the Pennsylvania system of putting minor parties and independent candidates at risk of paying fees of up to $110,000, if their statewide petition doesn’t have enough valid signatures, will be in the middle of March. And in March, the U.S. Supreme Court is likely to say if it will hear Ralph Nader’s ballot access case from Hawaii.