U.S. District Court Enjoins New Arkansas Petition 3% Requirement for New Parties

On July 3, U.S. District Court Judge Kristin G. Baker enjoined the new Arkansas petition requirement for newly-qualifying parties. Libertarian Party of Arkansas v Thurston, e.d., 4:19cv-214. Here is the 63-page order.

Earlier this year, the Arkansas legislature had increased the party petition from 10,000 signatures, to 3% of the last gubernatorial vote, which is currently 26,746 signatures. The order says, on page 49, “There is no record evidence before the Court that explains the State’s interest – let alone a compelling one – in requiring new political parties to meet the 3% requirement, file a petition more than a year in advance of the general election, and collect signatures in a 90-day window.” On page 51, the order says, “There is no record evidence of ballot overcrowding. In fact, Mr. Hood, the State of Arkansas’ own expert, conceded that a ballot with only a Democrat, a Republican, and a Libertarian would not be an overcrowded ballot.”

Page 55 says, “There is no record evidence that requiring the State of Arkansas if the LPAR presents a petition with at least 10,000 signatures of registered voters would do any harm to either the Secretary of State, the State of Arkansas, or the public.”

The number of signatures is enjoined. The court did not enjoin the early petition deadline because the Libertarian Party doesn’t need relief from that deadline, having collected over 18,600 signatures during April, May, and June 2019. But the order does say that even though the September 2019 petition deadline is not being enjoined, it is likely unconstitutional also.

Assembly Elections Committee Passes Bill to Require American Independent Party to Choose a New Name

On July 3, the California Assembly Elections Committee passed SB 696, which says that no party can have “independent” as part of its name. The vote was 5-1. Five witnesses were there to oppose the bill. Assemblymember James Gallagher (R-Yuba City) was the only “no” vote; he predicted that the bill would be held to violate the First Amendment.

Although this bill had previously passed the State Senate, it was an entirely different bill then. If it passes the Assembly, it will then need to return to the State Senate.

California Bill to Let Voters Change Parties at the Polls

California AB 681 passed the Senate Elections Committee on July 2, after having been amended. Originally it provided that election officials must send three notices in advance of a primary, telling them how they are registered, and explaining which parties let independent voters vote in their presidential primary. The bill now has the same provision, but it also lets voters change partisan affilation at the polls on primary election day.

North Carolina State Board of Elections Files Brief in Lawsuit That Challenges Exclusion of Independents from Being Chosen

On July 1, the North Carolina State Board of Elections filed this reply brief in Crowell v Bipartisan State Board of Elections, m.d., 1:17cv-515. This is the case that challenges the North Carolina law that prevents independent voters from ever being a member of the State Board, or any County Board of Elections.