Posted at Ballot Access News:
On August 27, the Green Party of Arkansas had filed a federal lawsuit, alleging that the vote test for a party to remain on the ballot is unduly limited. The law seems to require a party to poll 3% for president in order to remain on the ballot in a presidential election year. No matter how well it does in other statewide races, it is removed from the ballot without a good showing in the presidential race.
The state is asking that the case be dismissed before any evidence-gathering is conducted. The state filed its brief on October 12, and seems to argue that if the petition requirements to get a party back on the ballot are reasonable, any retention test is constitutional, no matter how difficult that test is. The Green Party’s brief had been filed on October 5.