On December 21, the Georgia Libertarian Party filed this brief in Cowen v Raffensperger, n.d., 1:17cv-4660. This is the case against the Georgia 5% petition procedure for U.S. House candidates of minor parties and independent candidates. The case is still open for a decision on whether the law violates Equal Protection.
The brief, and the evidence that is attached to it, shows that the 5% petition was clearly passed to keep the Communist Party off the ballot. The evidence shows that the Communist Party had been the first to nominate a black candidate for vice-president, and that was a reason for the state’s hostility to allowing it on the ballot. The evidence also shows that when the 1986 amendments were passed, easing statewide petition requirements but not district office requirements, were passed in order to keep Libertarians and others from running legislative candidates.
The evidence is not attached to the link, unfortunately.