On July 2, the Eighth Circuit ruled that the Arkansas ballot access lawsuit Whitfield v Thurston, 20-2309, is moot. This is the case filed by independent U.S. Senate candidate Dan Whitfield in 2020. He needed 10,000 signatures and was unable to get them because of the covid health crisis. He also challenged the May 1 deadline. The U.S. District Court had upheld the law and had refused any relief.

The Eighth Circuit says the case is moot. Here is the 5-page opinion. It says that if Whitfield had alleged he wanted to be an independent candidate in a future election, it would not have been moot.

In the past ballot access constitutional cases have never been held moot just because the election was over, whether the candidate expected to run in a future election or not. The opinion acknowledges this, but says the U.S. Supreme Court has changed that old understanding, and says the plaintiff must show a personal future impact. However, none of the U.S. Supreme Court precedents cited by today’s Eighth Circuit are ballot access cases; instead they are campaign finance cases.

The new mootness rule discriminates against independent candidates, relative to minor parties. Minor parties are always assumed to be interested in the next election, but independent candidates are not. Thanks to Derek Muller for the link.