On February 27, the Fourth Circuit upheld North Carolina’s May 17 petition deadline for newly-qualifying parties. The case, Pisano v Strach, 13-1368, had been filed by the Green and Constitution Parties. The decision is 25 pages, but the only state interest it mentions is that the state needs time to check the petition. This ignores the fact that North Carolina requires just as many signatures for a statewide independent candidate, yet the independent candidate petition deadline is June 12. The decision does not mention the independent candidate petition deadline.

The decision acknowledges that in 1988, the North Carolina State Board of Elections waived the petition deadline for the New Alliance Party, and gave it until July finish its petition. But the decision says, “This letter has no bearing on our resolution of this case.” Obviously, a logical inference from the 1988 incident is that the state can cope with a July deadline.

The decision stresses that in other lawsuits, when May and June petitions were struck down, generally that state had a late primary. By contrast, the North Carolina 2012 primary was May 8. The decision says that petitioning groups were therefore free to have petitioned at the polls on primary day. The decision also stresses that eight successful petitions were submitted in North Carolina in the period 1996 through 2011: Libertarian petitions in 1996, 1998, 2002, and 2008; Reform Party petitions in 1996 and 2000; a Natural Law Petition in 1996; and an Americans Elect petition in 2011. The decision acknowledges that in 2000, a U.S. District Court in South Dakota struck down that state’s independent presidential petition deadline of June, even though the South Dakota primary was also in June, but the Fourth Circuit says it finds the South Dakota decision unpersuasive.

The decision says the requirement that a party collect 89,366 valid signatures by May 17 is “not severe.” One reason the court can get away with saying this is that the lower court had refused to allow discovery. Of the 8 successful petitions in the past, three were in 1996, when the petition requirement was 51,904, a significantly lower number than 89,366.

As reported earlier, a few days ago, Ralph Nader suggested that only a very wealthy individual has a chance of running for President with a realistic chance of making meaningful change in U.S. politics and government. In this article, the Washington Post describes each of the individuals on Nader’s list.

On February 25, the Arizona Green Party filed a federal lawsuit against the February 28 petition deadline for newly-qualifying parties. The case is Arizona Green Party v Bennett, 2:14cv-375.

There are no reported precedents that have ever upheld a petition deadline for a newly-qualifying party earlier than April. The Arizona Green Party has been working very hard on its petition to get back on the ballot, but it needs another few weeks to finish. The requirement is 23,041 valid signatures.

The original Arizona ballot access law, passed in 1891 when Arizona was still a territory, had a deadline of 20 days before the general election for newly-qualifying parties. In 1909, when the territory instituted primaries, the deadline was moved to 30 days before the September primary. In 1970 the deadline was advanced to 60 days before the primary. In 1979 the deadline was advanced to 115 days before the primary. In 2000 it was advanced to 180 days before the primary. In 2009 the primary was moved from early September to late August.

Thus, over the past century, the deadline has moved from October, to August, to July, to May, to March, to February. If the current deadline had been in effect in 1912, Theodore Roosevelt’s Progressive Party could not have been on the Arizona ballot. If the current deadline had been in effect in 1854, the Republican Party, which was formed on July 6, 1854, could not have been on the ballot.