Alabama Minor Parties File Lawsuit Against March Petition Deadline

On January 10, the attorney for the Alabama Constitution, Green and Libertarian Parties mailed a complaint to the U.S. District Court in Alabama. The case is Stein v Chapman, number not assigned yet. The lawsuit challenges the March 13 petition deadline for new or previously unqualified parties. The statewide petition requires 44,829 valid signatures.

The 2011 session of the legislature moved the petition deadline from June to March. In 1991 the 11th circuit ruled that Alabama’s old ballot access law, which required 12,345 valid signatures by April, was unconstitutional because the deadline was too early.

U.S. District Court Judge in Virginia Says Residency Requirement for Circulators is Probably Unconstitutional

On January 10, U.S. District Court Judge John A. Gibney, Jr., ordered the Virginia State Board of Elections to inform all local electoral boards that they should not print or distribute any Republican presidential primary absentee ballots until the hearing on January 13 over the constitutionality of the Virginia ballot access laws. Judge Gibney also said, “The Court finds that there is a strong likelihood that the Court will find the residency requirement for petition circulators to be unconstitutional.”

The State Board of Elections filed an immediate appeal with the Fourth Circuit. In that Fourth Circuit, the case is Perry v Judd, 12-1042. Judge Gibney had previously ordered the State Board of Elections not to print or mail any absentee ballots, but until the January 10 order, the county and independent city electoral boards had not been instructed to delay any preparations for the March 6 primary.

Tennessee Ballot Access Hearing

On January 10, a U.S. District Court held oral arguments in Green Party of Tennessee et al v Goins, a lawsuit in which the Green and Constitution Parties challenge the Tennessee ballot access law for new and previously unqualified parties. The law requires slightly more than 40,000 signatures, due April 5. UPDATE: here is a news story about the hearing.

The hearing seemed to go well for the minor parties. The judge seemed unpersuaded that Tennessee has an interest in requiring so many signatures for minor parties, when the state only requires 25 signatures for independent candidates (and 275 signatures for independent presidential candidates). Also he seemed troubled by the early deadline.

Jon Huntsman Fails to Qualify for Arizona Republican Presidential Primary

Filing for the Arizona Republican and Green Party presidential primaries closed on January 10. Jon Huntsman’s paperwork was rejected by the Secretary of State because his signature was not notarized. He was unable to repair the problem, because he had filed only two hours before the deadline.

Arizona does not require anything except a declaration of candidacy, but it must be notarized. Twenty-three Republicans did qualify.

Six Greens will appear on the Green Party primary ballot: three Arizonans, Gerard Davis, Michael Oatman, and Richard Grayson; also three non-Arizonans, Kent Mesplay, Jill Stein, and Gary Swing.