Briefs Filed in Arkansas Case Challenging March Petition Deadline for Independent Candidates

The first two briefs have been filed in U.S. District Court in Moore v Martin, the case challenging the March petition deadline that the 2013 session of the Arkansas legislature passed. Here is the Defendants’ brief, arguing that the case should be dismissed for various procedural matters, and here is the plaintiffs’ brief rebutting the state’s brief.

Independent Candidate Wins Election for President of Slovakia

On March 29, the voters of Slovakia elected Andrej Kiska President. He is not a member of any political party, and his campaign slogan had been “The First Independent President.” The election was held on March 15, with a runoff on March 29 because no one received a majority. Fourteen candidates had been on the March 15 ballot. They had qualified by submitting 15,000 signatures. See this story about the runoff. In that runoff, Kiska defeated the nation’s sitting Prime Minister.

Nevada Green Party Files Lawsuit to Overturn April Petition Deadline for Newly-Qualifying Parties

On April 18, the Nevada Green Party filed a lawsuit against the April 11 petition deadline for newly-qualifying parties. Green Party of Nevada v Miller, 3:14cv-210. The state requires a petition signed by 9,738 valid signatures. When a party qualifies, it nominates by convention, not by primary, so there seems to be no election administration-related reason to require the signatures so early in the year. The Nevada petition deadline for independent presidential candidates is in July, and requires approximately the same number of signatures.

Twice before, Nevada has had an early petition deadline for newly-qualifying parties struck down, or enjoined. In 1986 the Libertarian Party won a case against the April petition deadline, so the 1987 legislature moved the deadline to June. In 1992, the New Alliance, Natural Law, and Populist Parties won injunctive relief against the June deadline, so the legislature moved the deadline to July. However, years later, the state moved the deadline back to April again. Also, in 2011, the legislature repealed the easy method for the nominees of unqualified parties to get on the ballot. That easy method required only 250 signatures for a statewide candidate, but it was repealed after the Tea Party placed a nominee for U.S. Senate on the 2010 ballot.

The Coalition for Free & Open Elections (COFOE) contributed $1,000 toward the expenses of this lawsuit.

Nebraska Bill Signed that Lets Qualified Parties Dissolve Themselves

On April 9, Nebraska Governor Dave Heineman signed LB 1048, which lets a qualified party dissolve itself. This bill came into existence because Americans Elect had qualified in Nebraska, but is no longer functional. Because Nebraska lets parties remain on the ballot for two elections after a successful petition, without this bill, Americans Elect would still be a qualified party in 2014.