On March 29, U.S. District Court Judge James Moody declined to block Mark Moore from getting on the ballot this year as an independent candidate for state office. Moore had won a decision last year that the Arkansas March 1 independent candidate petition deadline is unconstitutional. Judge Moody had also granted injunctive relief to Moore. But earlier this month, the state asked the judge to retract injunctive relief, on the grounds that Moore had not filed candidacy paperwork by March 1.

The state argues that just because the petition deadline was struck down, that does not mean independents need not file paperwork on March 1. Moore didn’t file any such paperwork by March 1. The March 29 order from the court says, “the Court defers ruling on the motion to vacate.” The state is trying to persuade the Eighth Circuit to reverse the decision about the unconstitutionality of the deadline, but the U.S. District Court implies that unless the Eighth Circuit reverses, Moore is free to get on the ballot this year. Moore v Martin, 4:14cv-65.

State laws that merely require independent candidates to file a declaration of candidacy by an early date have been held unconstitutional in federal courts in South Carolina and West Virginia, even though those states had a much later deadline for the petition itself. One of the reason courts act against early deadlines of all kinds is that history shows that public support for independent candidates and new parties often does not arise until the second half of an election year, and early deadlines of all kinds (paperwork as well as petitions) inhibit that process.