On December 15, U.S. District Court Judge James M. Moody sent an e-mail to all attorneys in the case Moore v Martin, e.d., 4:14cv-65, saying that he has determined that the Arkansas March 1 petition deadline (for independent candidates) is unconstitutional. He will write a detailed order soon. He had promised on December 12 that he would quickly announce his opinion, so that the plaintiff can plan ahead for the 2018 election. The plaintiff, Mark Moore, intends to petition as an independent for Lieutenant Governor.

The judge said that his injunction will include setting the deadline at May 1.

This case had been filed in 2014, and initially Judge Moody had upheld the March 1 petition deadline. But then the 8th circuit had said that the deadline is unconstitutional unless the state can prove that it can’t cope with checking petitions without a March 1 deadline. Judge Moody then held a five-hour trial on December 12. At the trial, a state elections employee had testified that if the state had a later deadline, the state could manage to check the petitions.