On July 27, the South Dakota Libertarian Party, and the South Dakota Constitution Party, filed this brief against the state’s March petition deadline for newly-qualifying parties. Libertarian Party of South Dakota v Krebs, 4:15cv-4111.

The case was filed in 2015, and is still in U.S. District Court. It argues that the deadline is too early, especially given that winter in South Dakota is generally harsh for outdoor petitioning. After the case was filed, the legislature changed the deadline from March to July, but only for parties that want to be on the ballot for president and certain state executive partisan positions. The March deadline still applies to parties that want to run for Congress, legislature, or Governor.

In 2016, the Libertarian Party was unable to get its party petition finished by the March deadline, but it met the July deadline, so it was on for President and Public Service Commissioner, but no other offices.