The North Dakota Libertarian Party has decided ask the U.S. Supreme Court to hear its ballot access appeal. The 8th circuit had upheld the law, which requires a party that wants to have legislative candidates on the November ballot to persuade between 10% and 15% of all primary voters to choose that minor party’s primary ballot.
The law is so severe, no minor party nominee for state legislature has been on the North Dakota general election ballot since 1976.
The 8th circuit opinion is factually flawed. The opinion said that the primary vote test is the only ballot access barrier for minor parties, and that once a party submits its original ballot access petition of 15,000 signatures, it may stay on the ballot forever. This is utterly untrue. But when the factual error was pointed out to the 8th circuit in a request for a rehearing, the 8th circuit denied the request without comment.
Gee once again —
1. Separate is NOT equal. Brown v. Bd of Ed 1954
2. Each election is NEW and has ZERO to do with any event in the history of the universe — except the number of actual voters in the election area involved at the last election — for nominating petition percentages at the next election.
3. Does ANY ballot access so-called lawyer have ANY brain cells regarding 1 and 2 ???
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