Georgia’s Steep Requirements for Libertarian and other Third-Party Candidates to Run for Congress are “Overbroad,” shutting them out of the Political Process, a Federal Judge ruled Monday.
On March 29th, 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, of 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%.
May ruled that Georgia’s Ballot Access Barriers are Onerous, Violating the First and 14th Amendments of the U.S. Constitution.
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 31st, so obviously the Legislature can’t write a New Law this year.
Under a 1943 State Law, No Third-Party House Candidate has ever Collected enough Signatures to appear on the Ballot.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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