On May 6, the Libertarian Party of Kentucky filed this brief in support of injunctive relief, against the new law requiring candidates of parties that nominate by convention to have filed a declaration of candidacy in January of an election year. Sweeney v Crigler, e.d., 2:19cv-46.
The brief argues that such a deadline is unconstitutional anyway, and in addition it violated due process for the 2019 session of the legislature to have changed that deadline from April to January, after the January deadline had passed.
If the lawsuit wins, the party’s nominees for Governor, Lieutenant Governor, Auditor, and Agriculture Commissioner will be on the November 2019 ballot. Kentucky elects all its statewide state officers in the odd years prior to presidential years. The party is ballot-qualified, and entitled to nominate by convention, because it polled over 2% for president in 2016.
Another attempt to pervert *due process* into NO civil retroactive law.
See olde perversion of substantive due process after Civil War to 1930s.
Failure to use Brown v Bd of Ed 1954 –
Separate is NOT equal.
FYI, West Virginia’s political recognition tier is similar, but without the name for the top tier. 10% or more for governor MANDATES that the party’s candidates be nominated by primary and PREVENTS them from being nominated by convention. 1% but less than 10% for governor says a party can nominate either by primary or convention. Under 1% and the political organization (not a party) is not recognized and can only nominate by petition. Unfortunately KY percentages are double those of WV.