8th Circuit orders more hearings on filing deadline for independent candidates | Arkansas Blog

Monday, May 1, 2017

8th Circuit orders more hearings on filing deadline for independent candidates

Posted By on Mon, May 1, 2017 at 3:20 PM

The 8th Circuit U.S. Court of Appeals last week reversed a lower court and directed more testimony in a case by Mark Moore and others challenging the deadlines for independent candidates to file for election in Arkansas.

Moore said the law requiring the same filing deadline for independent candidates, a year before the November general election was too early since independents only appear on November ballots. Party candidates have spring primary elections. Secretary of State Mark Martin had argued for the early deadline because he said the press of validating signatures on petitions for independent candidates along with those for ballot initiatives could be impossible in a short time window. A lower court had ruled for Martin, but the 8th Circuit, in a 2-1 decision held that there was  a factual dispute that needed to be developed further.

Judge Lavenski Smith of Arkansas dissented. He said Moore was entitled to the judgment because Mark Martin had failed to demonstrate a genuine conflict between processing independent candidate and ballot initiative petitions.

Blogger Eugene Volokh boiled it down this way in the Washington Post:

Do recent changes to Arkansas’s ballot-access law make it unconstitutionally hard for independent candidates to get on the ballot? Eighth Circuit: Perhaps, but we need more facts. Dissent: The state already had a chance to present facts and it blew it. So, yes, the law is unconstitutional.

Tags: , , ,

Sign up for the Daily Update email

Comments (5)

Showing 1-5 of 5

Add a comment

Subscribe to this thread:
Showing 1-5 of 5

Add a comment

More by Max Brantley

  • Where's the outrage?

    Am I the only person, apart from federal prosecutors, outraged about the criminal enterprise that inveigled itself into a privileged position as an Arkansas taxpayer-financed human services provider to the tune, today, of $43 million a year?
    • Jun 21, 2018
  • Where's the outrage?

    • Jun 21, 2018
  • Rutledge opponent hits her socializing with corporate interests

    Mike Lee, the Democratic candidate for attorney general, has criticized Attorney General Leslie Rutledge over recent reports of her participation at private meetings where corporate interests make big contributions to a political group she heads for access to state legal officers.
    • Jun 21, 2018
  • More »

Readers also liked…

Most Viewed

Most Recent Comments



© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation