Ballot access constitutional lawsuits frequently win,
even when the law in question has not kept all minor
party and independent candidates off the ballot.
1. The Alabama April petition deadline was invalidated
in 1991 by the 11th circuit, even though, as the
decision itself acknowledged, many minor party and
independent candidates had been able to comply with
it. New Alliance Party v Hand, 933 F 2d 1568.
2. The Alaska definition of "political party" was set
aside as too difficult, even though at the time the
Green Party won the case, there were already two other
ballot-qualified minor parties. Green Party of Alaska
v State, superior court, 3AN03-9936 (2003). Although
this was only injunctive relief, the Alaska
legislature has just passed HB 414, easing the
definition of "party", so in effect the court decision
was decisive and final.
3. An Arizona US District Court struck down a law that
only independent voters could sign for an independent
candidate, despite the fact that two independent
candidates had complied with the law, as the decision
acknowledged. Campbell v Hull, 73 F Supp 2d 1081
(1999).
4. An Arkansas US District Court struck down Arkansas
3% petition for new parties, and the January petition
deadline, in Citizens to Establish a Reform Party in
Arkansas, 970 F Supp 690 (1996).
5. A California US District Court struck down
California's June starting date for independent
presidential candidate petitions, even though 3
presidential independents had complied with that
restriction in 1976, and two had done so in 1980.
Fulani v Eu, n.d., unreported, C88-3482 (1988).
4. A Colorado US District Court struck down a state
law that minor party and independent candidates for
the legislature needed 500 signatures (on the grounds
that the state only required 300 for US Congress).
Ptak v Meyer, unreported, 94-N-2250 (1994).
5. A Connecticut US District Court struck down a state
law that required petition circulators to live in the
same district as the candidate they were helping to
get on the ballot. Campbell v Bysiewicz, 242 F Supp 2d
164 (2003).
6. A Delaware US District Court struck down the
state's failure to provide procedures for independent
candidates, even though at the time Delaware had 8
qualified parties on the ballot. McInerney v
Wrightson, 421 F Supp 726 (1976).
7. A Florida US District Court struck down a state law
denying minor parties a spot on the ballot unless they
posted a bond. Socialist Workers Party v Katherine
Harris, unreported, decision of August 11, 2000.
8. A Georgia US District Court lowered the number of
signatures for minor party and independent candidates
for the state legislature, for 2004 only, on the
grounds that the normal petitioning period was shorter
than usual. Larios v Cox, 1:03-cv-693 (2004).
9. A Hawaii US District Court issued an injunction
against the April petition deadline for new parties.
Libertarian Party of Hawaii v Waihee, unreported,
86-0439 (1986). The state legislature later chose to
leave that deadline in place, but to compensate, cut
the number of signatures down to only one-tenth of
what it had been (from 1% to one-tenth of 1% of the
registered voters).
10. The 9th circuit issued an injunction against
Idaho's April deadline for new party petitions.
Populist Party v Evans, 84-4108 (1984). The
legislature changed the deadline to late August.
11. The US Supreme Court interpreted Illinois ballot
access laws more liberally than the State Supreme
Court had interpreted them, in Norman v Reed, 502 US
279 (1992). The effect of the US Supreme Court
decision was to lower a ballot access petition hurdle
from 50,000 signatures to 25,000. The vote was 8-1.
12. A US District Court in Indiana ruled that the
state must provide write-in space on ballots, given
the fairly stringent ballot access laws. Paul v State
of Indiana Election Bd, 743 F Supp 616 (1990).
13. A US District Court in Iowa struck down the 2%
petition requirement for minor party and indp.
candidates for US House, on the grounds that they were
more severe than the state's statewide petition
requirements. Oviatt v Baxter, 4-92-10513, unreported
(1992).
14. A US District Court in Kansas struck down the
state's June petition deadline for independent
candidates. Merritt v Graves, unreported, 87-4264-R
(1988)(don't confuse this case with another by the
same name from 1990).
15. A US District Court in Kentucky struck down the
state's February petition deadline for minor party and
independent candidates. Libt Party v Ehrler, 776 F
Supp 1200 (1991).
16. A US District Court in Louisiana struck down a law
denying ballot access to candidates who refused to
sign an anti-Communist oath. Socialist Workers Party
v Hardy, 480 F Supp 941 (1977).
17. A US District Court in Maine struck down the April
petition deadline for minor party and indp.
candidates. Stoddard v Quinn, 593 F Supp 300 (1984).
18. Maryland's highest state court struck down a law
requiring the nominees of qualified minor parties to
submit a petition signed by 1% of the registered
voters. Green Maryland Party v State Bd. of
Elections, 832 A 2d 214 (2003).
19. A Massachusetts state court invalidated the May
petition deadline for minor party and independent
candidates. Serrette v Connolly, Suffolk Superior
Court, 68172 (1985).
20. The 6th circuit invalidated Michigan's failure to
have procedures for independent candidates, even
though Michigan had 7 parties on the ballot.
Goldman-Frankie v Austin, 727 F 2d 603 (1984).
21. A Missouri State Court of Appeals invalidated a
state law requiring a new party that had qualified
statewide to do additional petitioning to qualify its
district candidates. State ex rel Coker-Garcia v
Blunt, 849 SW 2d 81 (1993).
22. A US District Court in Nebraska invalidated a law
requiring new party petitions to say that the signers
pledge to support the new party and its candidates.
Libt Party of Nebraska v Beermann, 598 F Supp 57
(1984).
23. A US District Court in Nevada struck down the
April petition deadline for new parties. Libt Party
of Nevada v Swackhamer, 638 F Supp 565 (1986).
24. A US District Court in New Jersey struck down the
April petition deadline for minor party and indp.
candidates. CAPP v Hooks, 999 F Supp 607 (1998). The
legislature then changed the deadline to June and that
was upheld by the 3rd circuit. The headnote
erroneously says that the district court decision was
reversed, when actually the laws before each court
were not the same deadline.
25. A US District Court in New Mexico struck down a
law requiring new parties to have 500 registered
members. Workers World Party v Vigil-Giron, 693 F
Supp 989 (1988).
26. The 2nd circuit struck down a New York law
requiring petition circulators to live in the district
that their candidate was running in. Lerman v Bd of
Elections, 232 F 3d 135 (2000).
27. A US District Court in North Carolina struck down
the 10% independent candidate petition requirement in
Obie v N.C. State Bd. Elec, 762 F Supp 119 (1991).
28. The 8th circuit struck down a North Dakota law
requiring new party petitions to be signed by 15,000
registered voters (3.3% of the eligible signers).
McLain v Meier, 637 F 2d 1159 (1980).
29. The US Supreme Court struck down Ohio's March
independent candidate petition deadline, even though 5
independent candidates for president had managed to
comply with it, in the year the lawsuit was brought.
Anderson v Celebrezze, 460 US 780 (1983).
30. A US District Court in Oklahoma struck down the
90-day petitioning period for new party petitions in
Libt Party of Ok v Okla Elec Bd, 593 F Supp 118
(1984).
31. A US District Court in Oregon struck down a law
banning paying circulators for a new party petition.
Libt Party of Or v Paulus, unreported, 82-521 (1982).
32. A US District Court in Pennsylvania struck down a
law banning circulators for minor party and indp.
candidates from having to live in the district in
which the candidate they were helping was running.
Morrill v Weaver, 224 F Supp 2d 882 (2002).
33. A US District Court in Rhode Island struck down
the early August petition deadline for indp.
candidates for president. McCarthy v Noel, 420 F Supp
799 (1976).
34. The 4th circuit struck down a South Carolina law
requiring indp. candidates to submit a declaration of
candidacy form in March. Cromer v State, 917 F 2d 819
(1990).
35. A US District Court in South Dakota struck down
the June petition deadline for indp. pres. candidates.
Nader v Hazeltine, 110 F Supp 2d 1201 (2000).
36. A US District Court in Tennessee struck down a law
that prevented minor party presidential candidates
from using the state's independent petition
procedures. Maddox v Hassler, unreported, 76-380-NA
(1976).
37. The 5th circuit struck down a Texas law requiring
the voter registration affidavit number of each signer
of an independent candidate petition. Texas Indp.
Party v Kirk, 84 F 3d 178 (1996).
38. A US District Court struck down the state's April
petition deadline for indp. pres. candidates (actually
the state gave in). LaRouche v Monson, 599 F Supp 621
(1984).
39. A US District Court in Virginia struck down the
state's refusal to print the names of unqualified
parties on the ballot (the state gave in). Libt Party
of Va. v Quinn, 3:01-468 (2001).
40. A US District Court in Washington struck down a
state law requiring 10 days advance notice for a minor
party convention, in special election situations.
Patriot Party of Washington v Bruce, unreported,
95-2-22557-8 (1995).
41. A US District Court in West Virginia struck down a
state law requiring circulators for minor party and
independent candidates to tell people that they can't
vote in the primary if they sign. McClure v Manchin,
301 F Supp 2d 564 (2003).
42. A US District Court in Wisconsin struck down a law
prohibiting out-of-state residents from circulating
petitions for candidates. Frami v Ponto, 255 F Supp
2d 962 (2003).
43. A US District Court in Wyoming struck down a law
forcing minor party candidates to get on the ballot
with only "independent" as a ballot label. Blomquist
v Thomson, 591 F Supp 768 (1984).
__________________________________
Do you Yahoo!?
Win a $20,000 Career Makeover at Yahoo! HotJobs
http://hotjobs.sweepstakes.yahoo.com/careermakeover