On August 23, U.S. District Court Judge Leigh May issued an order in the Georgia Libertarian Party ballot access case, Cowen v Raffensperger, n.d., 1:17cv-4660. She suggested an interim requirement for district office (for independent candidates and minor parties) of 1% of the number of registered voters in the district. She also suggested that the filing fee be required as well.

She issued this order because she had invalidated the 5% petition for district office on March 29, 2021, and the legislature has not acted to replace the old law. For U.S. House, 1% will be quite difficult, approximately 5,100 signatures. The petitions are due in July 2022 and cannot start to circulate until January 2022. The filing fee is also quite high, 3% of the annual salary of the office, so that will be over $5,000 for U.S. House. However, ballot access will now be within reach of some minor parties for state legislative races. The number of signatures in the average State House district will be 400 signatures.

The order is not final; the judge wants both sides to comment before she makes it final.