On February 6, 2014, three independent candidates filed a federal lawsuit against the Arkansas petition deadline for non-presidential independents. This year the deadline is March 3. The 2013 session of the legislature moved that deadline from May to March, even though Arkansas petition deadlines as early as March or April have been struck down three times in the past (in 1975, 1976, and 1988). One of those prior deadline decisions, Lendall v Jernigan, was summarily affirmed by the U.S. Supreme Court in 1977.
The case is Moore v Martin, eastern district, 4:14cv-65. It was assigned to U.S. District Court Judge James M. Moody, a Clinton appointee. As far as is known, this is the first constitutional ballot access cases filed in calendar year 2014. Plaintiff Mark Moore wants to be an independent candidate for Lieutenant Governor; plaintiff Michael Harrod for State House, district 84; plaintiff William Chris Johnson for White County Judge.
For 2014, the only state with an earlier petition deadline for independent candidates is Nevada, which has a February 6 deadline.
What century will ANY court detect in a ballot access cases that —
SEPARATE IS NOT EQUAL.
Brown v. Bd of Ed 1954 — a mere 60 years ago.
IE EQUAL ballot access tests for ALL candidates for the same office in the same area.