On June 10, Georgia filed this brief in Green Party of Georgia v Kemp, 1:12cv-1822, northern district. The issue is whether Georgia’s presidential ballot access procedures are too difficult. The state says that the 11th circuit upheld Florida’s 3% petition in 1983, but the state fails to explain that at the time, Florida had a 1% petition for minor party and independent presidential ballot access.

The state also says that the fact that the Libertarian Party has been on for president in Georgia ever since 1992 proves the law is not too difficult. But the state doesn’t say that the Libertarian Party has been on the ballot for all statewide office, including president, automatically starting in 1988. To get this status, the Libertarians submitted 25,759 valid signatures in 1988, and they have never again been required to petition for statewide office. Meanwhile, the petition for statewide office, including president, is now over 50,000 signatures.

The state says the Eleventh Circuit has said that comparing the ballot access laws of each state is irrelevant. But the U.S. Supreme Court doesn’t agree, and did compare the laws of all 50 states in two of its past ballot access decisions, Williams v Rhodes, and Jenness v Fortson.

Even though the brief is 25 pages, nowhere does it explain why Georgia’s severe requirement is needed for any purpose. The procedure is so difficult, it has not been used in fourteen years.

The Wisconsin state agency that adjudicates ballot access challenges has determined that Democratic congressional candidate Gary George should appear on the Democratic primary ballot. His petition had been challenged on the basis that the circulators were ex-felons. However, the Government Accountability Board determined that the circulators, although ex-felons, are no longer on probation, so they are permitted to vote, and therefore to circulate petitions. See this story.

On June 9, Tom Ervin, a former Republican state legislator, submitted over 20,000 signatures to qualify as an independent candidate for Governor of South Carolina. The state requires 10,000 signatures. Assuming the petition is approved, Ervin will be the first independent gubernatorial candidate to appear on a South Carolina government-printed ballot.

South Carolina did not use government-printed ballots until 1950, far later than any other state. Other states that have never had an independent candidate for Governor are Delaware, Indiana, Michigan, Montana, New Mexico, and North Carolina. Delaware, Michigan, and New Mexico did not permit independent candidates for any office until 1976, when Eugene McCarthy sued all three and won all those lawsuits, and forced the state to implement procedures for independent candidates.