Oklahoma Legislature Passes Bill that Moves Petition Deadline for New Parties to March 1

On April 7, the Oklahoma Senate passed HB 1615 unanimously. This is the bill that moves the non-presidential primary from July to June. It also moves the petition deadline for a new or minor party from May 1 to March 1.

Petition deadlines that early for new parties are unconstitutional. The cases that support this conclusion are unanimous:
1. New Alliance Party of Alabama v Hand, 933 F.2d 1568 (11th circuit). April was too early.
2. Sigler v McAlpine, Alaska superior court, 3rd dist., 3AN-88-8695. June was too early.
3. American Party of Arkansas v Jernigan, 424 F.Supp. 943 (1977). March was too early.
4. Warrick v Condre, US Dist Ct, sou. dist. of Indiana, IP-83-810-C. February was too early.
5. Libertarian Party of Kentucky v Ehrler, 776 F.Supp 1200 (east. dist. 1991). February was too early.
6. Stoddard v Quinn, 593 F.Supp 300 (Maine, US Dist Ct, 1984). April was too early.
7. Bradley v Mandel, 449 F.Supp 983 (U.S. Dist. Ct., Maryland, 1978). March was too early.
8. Serrette v Connolly, Suffolk Superior Court, 68172, Massachusetts, 1985. May was too early.
9. MacBride v Exon, 558 F.2d 443 (8th circuit 1977, Nebraska). February was too early.
10. Libertarian Party of Nevada v Swackhamer, 638 F.Supp 565 (1986). April was too early.
11. Council of Alternative Political Parties v Hooks, 121 F.3d 876 (3rd cir., New Jersey, 1997). April was too early.
12. Libertarian Party of Ohio v Blackwell, 462 F.3d 579 (6th circuit 2006). November of the year before the election was too early.
13. Libertarian Party of Pennsylvania v Davis, U.S. Dist. Ct., middle dist, Pa., 84-0262. May was too early.
14. Libertarian Party of South Dakota v Kundert, U.S. Dist. Ct, civ-83-3071. February was too early.
15. Libertarian Party of Tennessee v Goins, U.S. Dist. Ct., mid. dist., Tennessee, 3:08-63, not reported yet. March was too early.

Attempts are being made to communicate this information to Oklahoma legislators. The bill to lower the number of signatures for new and minor parties, HB 1058, has passed the House, but it has not made any headway so far in the Senate.


Comments

Oklahoma Legislature Passes Bill that Moves Petition Deadline for New Parties to March 1 — 5 Comments

  1. What is the magic standard for time limits in the courts ???

    Have 5 of 9 SCOTUS math MORONS pick a date out of a SCOTUS trash can ???

    Separate is still NOT equal.
    Brown v. Bd of Ed — regardless of ALL UNEQUAL election law cases ever.

    How many terrabytes in the BAN database of laws, court cases, etc. etc. ???

  2. Courts frequently need to settle on a standard. In 1972 the U.S. Supreme Court ruled that state laws, requiring voters to have lived in a state an entire year before registering to vote, are unconstitutional. Subsequent court cases ended up deciding that states couldn’t require more than 50 days residence in a state before registering to vote.

    Courts also have decided how much population inequality in a state legislative district, or a US House district, is permitted.

  3. In other words – NO standards – just arbitrary stuff picked out of a trash can — just as in LAWLESS TYRANT regimes.

  4. What is the deadline to qualify a new party in California? Doesn’t it have to be before the primary?

  5. Pingback: Brian Altenhofel

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