On March 23, the South Dakota Constitution Party and the South Dakota Libertarian Party filed this brief in their ballot access lawsuit. The case challenges the March 29 petition deadline for newly-qualifying parties who want to be recognized. Last month the state responded to this case by saying that parties that just want to be on the ballot for President and most of the statewide state executive positions need not file their petition for party status until July 11. The state then argued that the March 29 deadline is valid, for parties that want to run for the other partisan positions, Congress, Governor, and Legislature.

In response, the parties argue that the Constitution protects the ability of people to organize a new party in the spring of an election year, and that such a new party should be allowed to run for all offices, not just some of them.