On February 24, attorneys for the Arkansas Secretary of State filed this reply brief, arguing that it is constitutional for Arkansas to require newly-qualifying parties to choose all their nominees (except President) an entire year before the election. Libertarian Party of Arkansas v Martin, 16-3794.

It is somewhat surprising that the state made this effort, given that the legislature passed a bill on February 22, changing the law that caused the lawsuit. The bill allows new parties to nominate as late as the date of the May primary. HB 1532 hasn’t been signed yet by the Governor, but it seems very likely that he will sign it. Only two legislators voted against it. One would have thought the state would have asked the court for more time to file this brief, to see if the Governor’s signature on the bill will make the lawsuit appeal moot.