Independent Still Trying To Get On Ballot In LG Race

Two months before the election, independent Mark Moore is suing to get on the ballot in the lieutenant governor’s race.

Moore filed a lawsuit earlier this year in U.S. District Court seeking to declare unconstitutional an Arkansas law that requires independent candidates to present signatures when they file – this year, no later than March 3. The law, Act 1356, was passed by the Legislature in 2013. Under previous law, independent candidates could file until May 1.

A motion to dismiss filed by the Secretary of State’s office was denied by Judge James Moody last month. Moore, who is one of three plaintiffs in the suit, is hoping to get a decision that not only declares the deadline unconstitutional but also gets him on the ballot.

Moore believes the March 3 deadline represents an unconstitutional restriction on independent candidates. He and his lead attorney, Jim Linger of Tulsa, believe they have history on their side.

According to documentation provided to the court by Richard Winger, publisher of Ballot Access News, previous efforts by Arkansas legislators to require independents to meet early petition deadlines have been struck down. Those include cases in 1975, 1976, and 1988. The 1976 case was affirmed by the Supreme Court. The 1988 case struck down an Arkansas law requiring independents to meet petition deadlines of Jan. 5, compared to a March 8 party primary date.

Between 1891 and 1955, independent candidates needed only 50 signatures for any office, and the petition deadline was 20 days before the general election, according to that document.

“This law has been challenged and amended on numerous occasions,” Linger said Thursday. “Unfortunately, I think it’s very clear from past decisions that the law is unconstitutional. The deadline is far too removed from the election, and that’s particularly so when you have independent candidates as opposed to party recognition.”

A decision will have to come soon as to whether Moore’s candidacy could begin. The trial date on the case is not until next summer, but Linger is hoping for a summary judgement or an injunction before then. He is not sure when the court will rule on the case. The plaintiffs’ expert witness is in England until Sept. 22 and would be needed as a witness.

Moore had run for state representative as an independent in 2012 and won 39% of the vote in a two-person race. He says the early March deadline forces candidates to collect signatures in the coldest winter months.

In 2012 before the law was passed, there were seven independent legislative candidates. This year, there is one, George Pritchett of Hot Springs, who is running to represent Senate District 14 against incumbent Sen. Bill Sample, a Republican.

The current candidates for Lt. Governor include Republican Cong. Tim Griffin, Democrat John Burkhalter and Libertarian Chris Olson.