Wednesday, March 31, 2021

U.S. District Court Invalidates Georgia 5% Petition for Minor Parties for U.S. House

Ballot Access News

On March 29, U.S. District Court Judge Leigh Martin May, an Obama appointee, issued an opinion in Cowen v Raffensperger, n.d., 1:17cv-4660. It invalidates the 5% petition for minor party and independent candidates for U.S. House, combined with the filing fee, which is 3% of the office’s annual salary. The opinion suggests that because Georgia has a 1% petition for non-presidential statewide petitions, the state would be hard-pressed to justify requiring a petition greater than 1%.

All of these petition percentages are based on the number of registered voters.

The opinion asks both sides to submit further briefs by the next three weeks, to discuss what the interim remedy should be. The legislature adjourns for the year on March 31, so obviously the legislature can’t write a new law this year.

This case was filed by the Georgia Libertarian Party in 2017. UPDATE: here is a news story.

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