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Vermont Secretary of State Appeals Favorable Ballot Access Ruling to State Supreme Court

Published on March 31, 2011, by in General.

On March 30, the Vermont Secretary of State filed a notice of appeal to the State Supreme Court, to try to overturn the February 22, 2011 ruling of a lower state court in Trudell v State. The lower court had ruled in that case that the June petition deadline is probably unconstitutional; but had agreed to hold a trial, to give the state a chance to submit evidence as to why an early deadline is necessary.

Before 2010, the Vermont petition deadline was in September. The legislature moved it to June when it moved the primary from September to August. Because Vermont has 120 years of experience with an independent candidate deadline in October or September, it is difficult for the state to produce any evidence that a June deadline is necessary. If the state says the deadline in June is needed to prevent sore losers, that argument is easy to rebut. If a state wants to ban sore losers, it may do so directly, without making the deadline early for all independents, sore losers and non-sore losers alike.

The state had asked the lower court for reconsideration, but the lower court denied that on March 30.

3 Responses

  1. srike down the appeal Vermont and keep freer ballot access!

  2. Jim Riley

    They were using paper and pencils 120 years ago, and voters had to walk, or ride to the town hall to vote. You can’t expect modern technology to be as efficient, so everything takes longer.

  3. Demo Rep

    The 14th Amdt has been in force since 1868 — even in VT.

    How many folks can NOT detect that —

    Separate is NOT equal — in ballot access — and many other subject areas in the LAW ???

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