Whitfield v. Thurston, No. 20-2309 (8th Cir. 2021)
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Plaintiff filed suit challenging the constitutionality of Arkansas' limits on which candidates can appear on its general-election ballot, Ark. Code 7-7-101. After the district court entered judgment upholding the challenged provisions, plaintiff appealed. While the appeal was pending, the 2020 general election came and went.
The Eighth Circuit dismissed plaintiff's appeal as moot, concluding that the "capable-of-repetition-yet-evading-judicial-review" exception to mootness did not apply. The court explained that plaintiff's interest in this case was predicated on his status as an Independent candidate; without such a candidacy, the challenged provisions do not apply to him. However, plaintiff's 2020 Independent candidacy has ended and he has not indicated whether he intends to run as an Independent again. Therefore, this case is no longer "live." Furthermore, plaintiff has failed to show that he is reasonably likely to be subject to the challenged statutory provisions again.
Court Description: [Gruender, Author, with Benton and Grasz, Circuit Judges] Civil case - Election law. In 2020 the State of Arkansas refused to place plaintiff's name on the general ballot as a candidate for the U.S. as an Independent because he had failed to obtain the required number of signatures; he then filed this suit challenging Arkansas's statutory provisions for ballot access; while the appeal was pending, the 2020 general election came and went, thereby making this appeal moot; the "capable-of-repetition-yet-evading-judicial-review" exception to mootness did not apply as plaintiff has not shown that he is is reasonably likely to be subject to the challenged mandatory statutory provisions again.
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