New Arkansas Ballot Access Case Moves Ahead

On April 18, the Arkansas Secretary of State filed an answer in U.S. District Court, in Libertarian Party of Arkansas v Thurston, e.d., 4:19cv-214.  This is the lawsuit filed by the Libertarian Party on March 28, 2019, against the new law requiring a party to submit a petition signed by 3% of the last gubernatorial vote to get on the ballot.  The old law required 10,000 signatures; the new requirement for 2020 is 26,746 signatures.

The fact that the answer has been filed quickly is helpful for moving the case along rapidly.  It is likely that the matter of injunctive relief might be resolved during May 2019.

Debates Case Is Appealed

Level the Playing Field has filed a notice of appeal in Level the Playing Field v FEC, the debates case. The case number in the U.S. Court of Appeals, D.C. Circuit, is 19-5117. This is the lawsuit over the Commission on Presidential Debates’ 15% poll requirement for inclusion in the debates.

Florida Bill to Ban Paying Initiative Circulators per Signature Advances

On April 18, the Florida House State Affairs Committee passed HB 7111 by 12-6. It makes it illegal for initiative proponents to pay circulators on a per-signature basis. The bill had previously passed the House Judiciary Committee. It will probably have a vote on the House floor on April 24. The bill is mostly supported by Republicans and opposed by Democrats. Thanks to Rick Hasen for this news.

Montana Bill to Increase Number of Signatures for New Parties is Defeated in House

On March 29, Montana HB 647 was defeated in the House by 43-57. It would have increased the number of signatures for a newly-qualifying party from 5,000 signatures, to 5% of the winning gubernatorial candidate’s vote in the last election. For 2020 that would have been 12,797 signatures.

Every Democrat voted for the bill, and every Republican except one, Geraldine Custer, voted against it. The Libertarian Party is on the ballot in Montana, but no other third parties are on. The Green Party tried to get on in 2018. It had enough valid signatures statewide, but after the Secretary of State put it on the ballot, the Democratic Party filed a challenge, and the State Supreme Court ruled that the party had failed to meet the distribution requirement. The Green Party has a federal lawsuit pending against the existing law. The basis for the lawsuit is the March petition deadline and the unequal distribution requirement.

If the bill had passed, the distribution requirement would have been made even more severe.