Green Party of Arkansas, et al. v. Martin, et al., No. 10-3106 (8th Cir. 2011)
Annotate this CasePlaintiffs (Green Party) brought this action against the Arkansas Secretary of State pursuant to 42 U.S.C. 1983, seeking (1) a declaratory judgment that the Green Party was a political party and that Arkansas Code 7-1-101(21)(C) violated the Green Party's First and Fourteenth Amendment rights and (2) an injunction preventing Arkansas from enforcing section 7-1-101(21)(C). At issue on appeal was whether section 7-1-101(21)(C) severely interfered with the Green Party's right of association and therefore, impermissibly burdened the Green Party's First and Fourteenth Amendment rights. In light of compelling Supreme Court precedent, the many alternative paths Arkansas provided to the ballot, and the Green Party's own success in achieving ballot access, the court held that while the burdens imposed on the Green Party's rights did exist, they were significantly outweighed by Arkansas's important regulatory interests. Therefore, the court concluded that Arkansas's ballot access scheme did not impermissibly burden the Green Party's constitutional rights and the judgment was affirmed.
Court Description: Civil case - Elections. Constitutional challenge to Arkansas Code Section 7-1-101(21)(c) rejected as the statute does not infringe the Green Party's associational or due process rights; since the burdens the statute imposes on the Green Party's First and Fourteenth Amendment rights are not severe, the state's asserted regulatory interests need only be sufficiently weighty to justify the limitations imposed, and the state's interests in preventing ballot overcrowding, frivolous candidacies and voter confusion are sufficient to justify the statute's provisions.
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