The Ninth Circuit will hear oral argument in Arizona Libertarian Party v Bennett on January 29, Thursday, in Tucson. This is the case in which the Arizona Libertarian and Green Parties challenge the voter registration form. In the section where applicants choose a party or independent status, the form lists the two largest political parties, each with their own checkbox. Then there is a third checkbox, which is labeled “other” and has a blank line that is less than an inch long. The three judges will be A. Wallace Tashima, M. Margaret McKeown, and Marsha Berzon. All three are Clinton appointees.

The parties argue that the form should list all the ballot-qualified parties, not just the two largest, which, of course, are the Republican and Democratic Parties. It is especially important that the form list the qualified minor parties, because the only way they remain ballot-qualified is by having registration of at least two-thirds of 1%. The law also lets parties stay on if they get 5% for President and Governor, but the registration alternative is what keeps the Libertarians on the ballot. The Green Party has never had registration of two-thirds of 1%, and consequently frequently goes off the ballot and then must petition to get back on again. If those parties were also listed on the form, the Greens would plausibly meet the registration test. UPDATE: here is a news story that mentions the hearing, and gives the exact location.