On October 9, U.S. District Court Judge Emily C. Marks issued a four-page order in Libertarian Party of Alabama v Merrill, strongly urging both sides to talk to each other in hopes that the case can be mediated without the need for a judicial opinion. This is the case in which the Libertarian Party challenges the policy of the state that the qualified parties receive a free list of the registered voters, but unqualified parties must pay approximately $35,000 for the list.
The precedents are entirely on the side of the Libertarian Party, and in 1970 the U.S. Supreme Court summarily affirmed the decision of a 3-judge U.S. District Court in New York, that if a state gives a free list to the qualified parties, it must also give it free to unqualified parties that are trying to petition to get on the ballot. That case was Socialist Workers Party v Rockefeller.
I recall hearing that 1994 Libertarian Party candidate for Governor of New York, Bob Schulz, also sued over this. Any idea if this is correct?
Regardless, I do not see why the LP of Alabama should have to do any mediating here, as they should win this case, and the AL Secretary of State’s office should give them the list of registered voters.
Yes, your memory is correct.