On February 19, attorneys for Alabama government filed this brief in Libertarian Party of Alabama v Merrill, m.d., 2:19cv-69.  This is the case in which the Libertarian Party challenges the state policy of giving a free list of the registered voters to the qualified parties, but no other parties.

The case is based on a 1970 cased from New York, Socialist Workers Party v Rockefeller, which was summarily affirmed by the U.S. Supreme Court.  That case, filed by the Socialist Workers Party and the Socialist Labor Party, said it is unconstitutional for a state to refuse to give a list of the registered voters to groups that are petitioning to get on the ballot, if the same state gives a free list to the parties that are already on the ballot.

When the Socialist Workers and Socialist Labor Parties filed this case in early 1970 against New York, they had not already petitioned for a place on the ballot.  At the time New York only permitted petitioning in six weeks in late August, September and early October of the election year.  The Socialist Workers and Socialist Labor Parties won the case in June 1970, before they were even permitted to begin petitioning.  Because they obtained the list in time for their 1970 petition drives, the list was used by their petitioners.

But the attorneys for the Alabama misread the case, and believe the court only ordered relief for parties that had already finished their petition drive.

The Socialist Workers Party and Socialist Labor Party had petitioned in New York city for Mayor in 1969, and their petitions failed.  When they filed the case, they had last been able to get on the ballot in 1968.