Ballot Access News: U.S. District Court Strikes Down Kentucky Deadline for Independent and Minor Party Candidates to File Declaration of Candidacy

Ballot Access News

From Ballot Access News on January 22, 2020:

On January 22, U.S. District Court William O. Bertelsman, a Carter appointee, struck down a Kentucky ballot access law. Sweeney v Crigler, e.d., 2:19cv-46. The law, passed last year, requires independent candidates, and the nominees of parties that nominate by convention, to file a declaration of candidacy in January of the election year. The law only applies to candidates for state and local partisan office, not federal office.

The Libertarian Party filed the lawsuit, arguing that minor parties are not able to recruit candidates so early in the election year. The judge agreed. Here is the 16-page decision.

This decision will be useful in other pending lawsuits against early deadlines for minor party and independent candidates. Such cases are pending in Arkansas, Iowa, Maine, Montana, North Carolina, and Texas.