On May 13, Mark Moore, who had tried to be an independent candidate for state office last year in Arkansas, filed a brief that argues that the new petition deadline for non-presidential independent candidates is so early, it is unconstitutional as a matter of law. In 2013 the legislature had moved that deadline from May to March. The Arkansas primary in 2014 was in May.

Moore’s brief points out that the non-presidential independent deadline has already been declared unconstitutional three times in the past, and once the U.S. Supreme Court even summarily affirmed the decision. If Judge James M. Moody agrees that the case can be settled without a trial, then the trial set for July won’t be needed.

The three decisions in the past that struck down early petition deadlines for Arkansas non-presidential independents were in 1975, 1977, and 1988. The 1977 decision, Lendall v Jernigan, was affirmed by the U.S. Supreme Court.