On May 16, U.S. District Court Judge Lawrence Stengel held a hearing in Constitution Party v Aichele, e.d. 12-cv-2726. The purpose of this hearing was to decide exactly what rules apply this year for the minor party plaintiffs who already prevailed against the state’s policy of putting them at risk of paying up to $110,000 if their petitions are challenged.
The attorney for the Constitution, Green and Libertarian Parties argued that because the law has been held invalid, the relief should be that the parties are put on the ballot automatically. The state argued that the parties still need to submit petitions. If the state prevails, though, the state elections department will have the work of checking the signatures, since the challenge procedure is void. The Elections Department has never before tried to validate signatures itself and may have trouble doing that. The state elections office is already under-staffed.
A decision is expected soon.