[EL] Kansas law on special US House elections explicitly bars minor or new parties

[Richard Winger]

Kansas is about to have a special election for US House.  Section 25-3504 deals with such special elections.  It says explicitly that the only parties that may nominate anyone in such elections are those that polled at least 5% of the vote for Governor at the last gubernatorial election.
Kansas has 3 parties on the ballot, Dem, Rep and Libertarian.  Libertarians are on because they polled over 1% for a statewide race in 2014, but the Sec. of State has told the party it cannot run a candidate in the upcoming special election.
It is clearly unconstitutional for a state to bar any type of qualified party, or a new party, from any particular type of partisan election.  All the precedents agree.  There are 4 reported decisions (Arkansas, Idaho, North Carolina, and Wyoming) and two unreported decisions (Connecticut, Missouri).

If anyone on this list works in Kansas and is interested in helping the Libertarian Party with a lawsuit, please let me know.  Thank you. Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
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