Final Brief Filed in Libertarian Party of New Hampshire Presidential Substitution Lawsuit

Here is the Libertarian Party’s response brief in Libertarian Party of New Hampshire v Gardner, the federal case over whether unqualified parties should be allowed to use stand-in presidential candidates on their petitions. Although it is short (only five pages), it has a good compendium of other federal court decisions that say in some areas of election laws, states may not discriminate against unqualified parties, relative to qualified ones. This is in response to the state’s brief, which seemed to argue that states are free to discriminate in all areas of election law, but only cited examples of cases in which unqualified parties need not be treated equally for purposes of having their members serve on election boards.


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