On November 30, the Eighth Circuit issued an eight-page opinion in Libertarian Party of Arkansas v Martin, 16-3794. The issue was the deadline for a new party to submit its petition for party status. The old deadline was more than a year before the election, but the U.S. District Court had declared it unconstitutional on July 15, 2016. The state had then appealed to the Eighth Circuit. But after the briefs had been filed in the Eighth Circuit, the legislature improved the deadline so that it is on primary day, which is May of the election year.
Despite the legislature improving the deadline, the state continued asking the Eighth Circuit to rule that the U.S. District Court had been wrong. But the Eighth Circuit said the case is moot, and that there is little reason to fear that the legislature will make the deadline worse again in the future. The Eighth Circuit noted that the bill fixing the deadline had passed unanimously in one chamber, and only two votes were cast against it in the other chamber. The Eighth Circuit also said that the U.S. District Court had been correct to award attorneys’ fees to the attorney for the Libertarian Party.
At the oral argument, the Libertarian Party had asserted that even the new deadline is too early, but the Eighth Circuit said that is an issue for a future case, if the party wants to file a new case someday. The opinion is by Judge Roger Wollman, a Reagan appointee; and it is signed by Judge Michael Melloy and Raymond Gruender, Bush Jr. appointees.