This year, for the first time, Louisiana is holding closed primaries for U.S. Senate. The law converting U.S. Senate elections to closed primaries also requires independent candidates, and the nominees of all parties other than the Democratic and Republican parties to submit a petition to get on the November ballot. And the law says the petition is due in January. No one was able to comply with this petition requirement. Also, the law says registered members of the Republican and Democratic Parties can not sign the petition. A similar law once existed in Arizona but was declared unconstitutional in Campbell v Hull in 1999. There are no other precedents on that issue.

An independent candidate, Charles Carpenter, filed a pro se lawsuit against the requirements for independent candidates. Carpenter v Landry, m.d., 3:26cv-791. Even though ballots have been printed and therefore it is virtually impossible that the judge would order Carpenter to be placed on the ballot, the case is still pending. It is conceivable that Carpenter could win declaratory relief even if he can’t get on the ballot.