On May 9, a Superior Court in Vermont again rejected the state’s request to dispense with the trial, in Trudell v State of Vermont. This is the lawsuit, filed last year, against Vermont’s June petition deadline for independent candidates. The Superior Court Judge had already ruled twice before in this case that the state cannot prevail unless it submits evidence that the June deadline is needed for a legitimate state purpose. Vermont had always had September petition deadlines for independent candidates until 2009. The state so far has been unwilling to present evidence. First it tried to get the case dismissed without hearing any evidence, and then it had sought to appeal to the State Supreme Court in advance of the trial.

Of course, after the trial, the state will be free to appeal to the State Supreme Court if it loses and if it wishes to appeal. The case is in Washington County, 612-8-10. The plaintiff does not argue that the deadline should again be in September. A rational deadline would be in August, simultaneous with the primary (for office other than President). Here is the 2-page decision.