The Green Party and the Constitution Party sued Georgia over presidential ballot access on May 25, 2012. U.S. District Court Judge Richard W. Story dismissed the case on July 17, ruling that Jenness v Fortson (the 1971 U.S. Supreme Court opinion that upheld a 5% petition) precludes the lawsuit from having any chance of success.

A week later, the two parties filed a request for reconsideration, pointing out that both the U.S. Supreme Court, and more explicitly the 11th circuit itself, had ruled that Jenness v Fortson doesn’t control presidential election ballot access. The request for reconsideration is now six months old, and Judge Story has neither denied it, or granted a rehearing. He has simply done nothing. Such slow movement in a reconsideration request is very unusual. However, this delay is bad for the public interest. If Judge Story would act on the request for reconsideration now, the Georgia legislature could take cognizance of the issue and perhaps deal with the problem.