Lawsuit Against the Nation’s Worst Ballot Access Law is Still Alive

The nation’s worst ballot access law, by far, is Georgia’s law on how a candidate gets on the general election ballot for U.S. House if the candidate is not the nominee of a party that got 20% of the vote in the last presidential or gubernatorial election.

The law, passed in 1943, requires a petition of 5% of the registered voters.  In practice, this has proved so difficult that no third party candidate has ever done it, and no independent has done it since 1964, when details of the petition requirement were far easier than they are now.

The Georgia Libertarian Party sued to overturn this law in 2017, and the case is still pending.  The party lost on the First Amendment issues in the Eleventh Circuit after it had won on those issues in the U.S. District Court.

Last year, the party also lost on the Equal Protection issues in U.S. District Court, but the court made a clear error on procedure and on December 4, 2023, the party requested a rehearing, which is still pending.  Cowen v Rafflesperger, n.d., 1:17cv-4660.


Comments

Lawsuit Against the Nation’s Worst Ballot Access Law is Still Alive — 8 Comments

  1. SEE SCOTUS ROT IN JENNESS 1970

    ONGOING FAILURE TO NOTE 1954 BROWN V BD OF ED IN BALLOT ACCESS CASES

  2. Unlike Georgia’s petition requirement of 5% of all registered voters to gain ballot access, Florida provides constitutionally protected ballot access. However, Florida law only recognizes two political parties, Democratic and Republican parties, as “major” vs other “minor” parties. Major parties are favored with taxpayer-funded closed primaries for virtually all important political offices, taxpayer-funded closed primaries for internal offices to the political party state boards and taxpayer-funded presidential preference primaries, all because of a high barrier of 5% registered voter count that has never been reached in over 100 years these rules have been in place.

    Happy New Year!

  3. Edward, no. Few southern states have the statewide initiative. It’s just Florida and Arkansas. Mississippi had it in the past until the State Supreme Court erased it from the state constitution a few years ago.

  4. Typo:
    Cowen v. Raffensperger

    “…when details of the petition requirement were far easier than they are now…”

    Are you referring to procedural details or the time window for collecting signatures?

  5. The moronic two word comment by Edward Brown which appears on numerous articles here is somehow even dumber than the two letter entity crazy fascist troll moron aborted zygote, as it lacks any and all context to give it any meaning whatsoever.

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