On January 26, U.S. District Court Judge Karen Schreier ruled that the Libertarian and Constitution Parties challenge to South Dakota’s early petition deadline for new parties may proceed. The two parties filed a lawsuit on June 15, 2015, against the new law that said petitions to create a new party are due the first Tuesday of March. The 2015 session of the legislature had moved that deadline to the first Tuesday of March; the old deadline had been the last Tuesday of March.

After the case was filed, the new law was suspended by a successful referendum petition. Therefore, the parties asked the court to amend their complaint, to challenge the old law, which they felt was almost as bad. Whether the deadline is March 1 or March 29, the work must either be done in severe winter weather, or must be done in the year before the election.

The court order grants permission for the case to continue as a challenge to the March 29 deadline. It also says the parties have standing even though, when the case was filed, they had not yet begun petitioning (although, in all the months since the case was filed, they have been petitioning).