Court Strikes Down Idaho Independent Presidential Candidate Ballot Access Law

On April 19, a U.S. District Court struck down the law that requires independent presidential candidates in Idaho to obtain 6,550 valid signatures. The basis for the decision is that Idaho law requires independent candidates for other statewide office to collect exactly 1,000 valid signatures. The presidential requirement, expressed in the law, is 1% of the last presidential vote cast. The case is Daien v Ysursa, cv09-22-S-REB. Here is the decision.

The decision also strikes down Idaho’s ban on out-of-state circulators for independent petitions.

The 34-page decision says that it is not even rational for Idaho to require almost seven times as many signatures for an independent presidential candidate, as for an independent candidate for other statewide office. This is the first decision that strikes down the number of signatures for one type of statewide independent candidate, on the grounds that it is significantly more difficult than the number of signatures for an independent candidate for some other statewide office.

Surprisingly, many states require significantly different signature requirements for one statewide office, than for other statewide offices. States that require fewer signatures for an independent for president, than an independent for other statewide office, are Alabama and Arkansas. States that require significantly more signatures for an independent presidential candidate, than for an independent candidate for other statewide office, besides Idaho, are Florida, Hawaii, North Dakota, Oklahoma, and Texas.


Comments

Court Strikes Down Idaho Independent Presidential Candidate Ballot Access Law — No Comments

  1. Since when are the EVIL party hack gerrymander monsters *rational* in ANY regime laws ???

    P.R. and nonpartisan A.V.

  2. Nice work. It’s good to see a court shooting down the defense of difficult ballot access requirements as a compelling state interest.

  3. Texas, unlike Idaho, does not use a fixed value for governor and other statewide offices, but rather uses a standard of 1% the total gubernatorial vote for independent gubernatorial candidates and 1% of the total presidential vote for presidential candidates.

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