On August 27, the Arkansas Green Party filed a lawsuit in U.S. District Court against the state’s definition of “political party”, which is a group that polled 3% for the office at the top of the ticket in the last election (President in presidential election years, Governor in midterm years). UPDATE: here is a TV station’s news story about the lawsuit. In 2008, the Green Party polled over 20% for U.S. Senate in Arkansas, averaged over 19% for its candidates for U.S. House, elected a state legislator, but it was still removed from the ballot because it hadn’t polled 3% for President.
The case is Green Party of Arkansas v Daniels, 4:09-cv-695. It was assigned to Judge J. Leon Holmes, a Bush, Jr. appointee. Here is the complaint. This is an ACLU case.