On January 29, the Ninth Circuit heard arguments in Arizona Libertarian Party v Bennett, 13-16254. The case is about the Arizona paper voter registration forms. The state law says only the two largest parties should be listed on the form, each with a checkbox. If a voter wants to register as an independent, or into any other party (even a qualified party) the voter must write-in that choice on a blank line that is less than an inch long, and check the “other” box. The plaintiffs are the Libertarian and Green Parties.

The three judges were M. Margaret McKeown, Marsha Berzon, and A. Wallace Tashima, all Clinton appointees. Judge McKeown asked the most questions. The judges seemed skeptical that there is any genuine reason for the state to refuse to list all the qualified parties on the form. The state’s defense was that the Libertarian and Green Parties are not harmed by not being listed on the form, and that it is more efficient to only list the two largest parties. A decision is likely in several months. The hearing was in Tucson. It is somewhat unusual for the Ninth Circuit to sit in Tucson.

UPDATE: here is a news story about the hearing.