On July 13, the Florida Secretary of State filed this brief in Independent Party of Florida v Lee, 20-12107. This is the case over the Florida law that a ballot-qualified party can’t be on for president unless (1) it is recognized as a national committee by the Federal Election Commission; or (2) that it submit 132,781 signatures by July 15.

The U.S. District Court had felt that the FEC provision probably violates equal protection, but that the alternate signature requirement is constitutional, even though in 2016 the Eleventh Circuit had struck down Georgia’s presidential petition of approximately 56,000. The U.S. District Court had said the Georgia case is different because Georgia requires the signatures to be gathered in six months, whereas Florida gives unlimited time to collect the signatures.

The case was brought by the Independent Party and the Party for Socialism and Liberation, both of which are ballot-qualified in Florida. The state’s brief claims that neither party has ever placed nominees for any other office (besides president) on the ballot. This is not true. The Independent Party had two nominees for state legislature on the ballot in 2012, and they did very well. Nancy Argenziano received 42.0% for state representative, 34th district; Kerry Babb received 32.7% for state rep, 78th district.