Thursday, March 29, 2018

Nebraska State Senator Drops Legal Challenge to Independent Petition Requirement

Ballot Access News

On March 27, State Senator Robert Krist asked a U.S. District Court to dismiss his challenge to the 10% petition requirement for non-presidential independents that the Nebraska legislature passed in 2016. He had filed the lawsuit when he expected to be an independent candidate for Governor. But then he decided instead to seek the Democratic nomination.
Even if he had not voluntarily dismissed his lawsuit, he probably would have lost on standing. His dismissal reserves the right for him to challenge the requirement in the future. Also, of course, any other independent candidate is free to challenge it. The precedents are unanimous that states cannot require independent candidates to collect the signatures of 10% of the number of registered votes. Those precedents are from Ohio, Illinois, Arkansas, and North Carolina.

No comments: