On September 12, U.S. District Court Judge James M. Moody, Jr., again found that Arkansas election law concerning when newly-qualifying parties must nominate their candidates is unconstitutional. He had made a similar ruling on July 15, but on August 12 the state had asked for reconsideration. Libertarian Party of Arkansas v Martin, e.d., 4:15cv-635.

The law says new parties must hold their nominating convention an entire year before the election. The Libertarian Party had complied with this law by holding its nominating convention for 2016 on October 24, 2015. But it had wanted to nominate some more candidates, and had held a second convention in February 2016. The state argued in its request for reconsideration that the party lacked standing, because it complied with the law when it held its first convention.

Of course, if the party had not held a convention in October 2015, it would have run the risk that it might possibly lose the lawsuit (which had been filed in 2015) and then be left with no candidates in 2016.

The ruling of July 15, 2016, which has now been affirmed, applies to future elections as well.