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Indiana Green Party, Libertarian Party sue state over 'unconstitutional' election laws


Muda69

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https://www.indystar.com/story/news/politics/elections/2022/03/18/indiana-libertarian-party-green-party-lawsuit-secretary-of-state/7089595001/

Quote

The Indiana Green Party and Libertarian Party of Indiana have sued Indiana's secretary of state in federal court, claiming the state's laws governing minor parties and independent candidates' access to ballots for statewide office are unconstitutional. 

The lawsuit, which was filed Thursday in the U.S. District Court for the Southern District of Indiana, says minor parties and independents face "substantial or severe burdens" if they want to offer a candidate to a political race. Among those burdens is the requirement to obtain a number of signatures from registered voters that amounts to 2% of the total vote cast for Indiana secretary of state in the prior general election. 

In 2022 that 2% amounts to 44,935 valid signatures, based on votes cast in the 2018 election for the office of secretary of state, which oversees elections in Indiana.

 

Democrats and Republicans, however, get their candidates on the ballot through primary elections, which are funded by Hoosiers. 

These separate procedures provide Major Parties guaranteed access to the general election ballot, at taxpayer expense,” lawyers wrote in the lawsuit. No taxpayer funds are used to support minor parties’ attempt to get on a ballot, according to the lawsuit. 

IndyStar has requested comment from the Indiana Office of Secretary of State. 

The two parties, which are joined in their lawsuit by nine other plaintiffs who either support the parties or aspire to run for office, also say the signature requirement is “time-consuming, labor-intensive and expensive.” 

"The large number of signatures that Indiana now requires Minor Parties and statewide Independents to collect therefore requires a massive expenditure of funds and resources,” lawyers wrote.

 

The 2% requirement dates back to changes in election law from 1984. Prior to that, the signature requirement was 0.5% of the secretary of state’s votes in a prior election, according to the lawsuit. 

Since 1984, lawyers wrote, minor parties and independents have only performed eight successful signature drives to qualify for the ballot.

The plaintiffs are being represented by lawyers with the Center for Competitive Democracy, a voter advocacy organization based in Washington, D.C. 

This lawsuit is welcome news.  Democracy is more effective the more choices there are, and the uni-party has basically created an election duopoly.  It needs to stop.

 

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