On November 23, the Eighth Circuit refused to rehear Libertarian Party of North Dakota v Jaeger, 10-3212, and also refused to amend its original October 2011 opinion, which erroneously said that when a party submits 7,000 valid signatures, it remains ballot-qualified indefinitely afterwards. The October 2011 decision had said North Dakota needs a primary vote test for minor party candidates, because otherwise the ballot would become too crowded because there is no other ballot access barrier. In truth, a party that submits 7,000 signatures is only on the ballot for one election, and it is then removed from the ballot unless it polled 5% for Governor or President (if the last election was a presidential election year) or Secretary of State (if the last election was a midterm year).
It is very odd for a court to fail to fix a factual error, when the factual error is pointed out in a rehearing request. Generally the panel denies rehearing, but issues an amended opinion fixing the error.