On June 4, a U.S. District Court in Arkansas heard the Libertarian Party case against the new ballot access law for new parties. See this news story describing the hearing. There will be a decision in the near future.
On June 4, a U.S. District Court in Arkansas heard the Libertarian Party case against the new ballot access law for new parties. See this news story describing the hearing. There will be a decision in the near future.
Richard, does Act 164 the ballot access requirement for individual candidates? There was no mention of that in the coverage I’ve seen so far.
Point One of the DFR doctrine of ballot law is that each voter retains a civil right which pre-existed the ratification of the U S Constitution. It was the prior right to vote which enable the adoption of a constitution.
Point Two is that it is a civil right of each voter to nominate a candidate at will for any office in any election held at the request of government authority. This means that every voter has the original right to write-in a candidate for any office in any election.
Point Three is casting a ballot with anonymity or secrecy is a civil right which each individual voter may waive at their sole discretion in any election wherever state authorities provide a reasonable expectation of casting a secret ballot. This means that any regulation to facilitate balloting by secret ballot must not infringe the fundamental freedom of the voter to nominate candidates and cast his ballot for that candidate regardless of the opinion of any other voter as to that candidate’s “suitability” or “seriousness.” There is no such thing as a frivolous voter voting for a frivolous candidate.
It does not appear this doctrine of balloting has been explicitly articulated in the past, although this writer is chagrined it should be so.
A censored ballot is a useless ballot.
The 2019 law does not change anything for independent candidates. For statewide office other than president, they still need 10,000. But they can’t choose a partisan label other than “independent.” Presidential independents, and the nominees of unqualified parties for president, still need 1,000 and they can use a label.
DFR —
Election stuff is *political rights* stuff — being a voter / holding public office.
MAJOR struggles over Voter definition and office qualifications.
*civil rights — a totally separate legal subject.
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NO secret ballots in many States early on.
Thus the major effort for secret ballot language in many State Constitutions and laws in 1800s.
See also major Brit effort for secret ballots — to END the bribes/purge stuff in voting.
https://en.wikipedia.org/wiki/Secret_ballot
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14 Amdt, Sec. 2 is still around — BUT NOT enforced.
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*official* primary ballots — also to END the bribes/purge stuff in voting.
Thus – the *official* general election ballots – esp. for the primary winners (and non-primary nominees – minor parties and independents).