U.S. District Court Sets May 19 Oral Argument in Kentucky Ballot Access Case

judgeFrom Richard Winger at Ballot Access News:

U.S. District Court Judge Gregory Van Tatenhove will hear oral argument in Libertarian Party of Kentucky v Grimes, 3:15cv-86, on Thursday, May 19, at 11 a.m. in the federal courthouse in Frankfort, Kentucky. Case number 3:15cv-86. The Constitution Party is a co-plaintiff.

The issue is Kentucky’s failure to have a procedure by which a previously unqualified party can become a qualified party, in advance of an election. Kentucky only has candidate petitions, not party petitions. If and only if the presidential candidate of an unqualified party polls 2% will the group become a qualified party. In the last 100 years, only four times has any group met this hurdle: Progressive in 1924, American in 1968, Anderson Coalition in 1980, and Reform in 1996.

Besides Kentucky, other pending ballot access cases that will determine whether certain minor parties get on the ballot for President and other office in time for the 2016 election, without further petitioning, are Maine, Ohio, Pennsylvania, and Tennessee. There are also cases pending that only affect other office, not President, in Arkansas and South Dakota.

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