Arkansas Libertarians nominate eight more candidates as part of challenge to law

The Libertarian Party of Arkansas Saturday nominated four additional candidates for House races and four additional ones for local races, even though its deadline for nominations has passed, in order to bolster its lawsuit against a state law it says is unfair to third parties.

The four candidates for local races intend to present their petitions to county clerks before noon Tuesday (March 1) knowing they likely will be rejected, potentially increasing their standing in the suit.

The LPA is suing the state over a legal requirement that resulted in the party holding its nominating convention for the 2016 election in October 2015, four months before Democratic and Republican primaries. The LPA under state law is considered a “new” party and must gather signatures to qualify for the ballot because its candidate for governor did not win 3 percent of the vote in 2014.

On Feb. 25, U.S. District Judge James Moody denied an LPA request for a preliminary injunction allowing the party to add or substitute nominees for the Nov. 8 ballot. He ruled that candidates had not been harmed by their early nominating date because the party held a convention and selected candidates for state and local races. He also ruled that the secretary of state “has a strong interest in preventing voter confusion by limiting ballot access to serious candidates.”

He also ruled that the court cannot grant relief for county-level candidates because the secretary of state does not have authority over those elections.

Moody said in his ruling that Gov. Asa Hutchinson (R) allowed the party to substitute a candidate in the 3rd District congressional race when the previous candidate, Nathan LaFrance, moved out of state. Steve Isaacson is now running for that seat. However, Moody also ruled against the secretary of state’s motion to dismiss the case.

Jim Linger, the LPA’s attorney, who often represents third party and independent candidates across the nation seeking ballot access, said Arkansas’ laws are some of the country’s most restrictive.

“I don’t know of any other state where candidates of a new party have to decide a year before the election if they’re going to be candidates,” he said. “I think it’s just incredibly restrictive, and I think it’s been declared unconstitutional in a number of other states. Actually, laws that aren’t as restrictive have been declared unconstitutional.”

Whit Hyman, an attorney nominated in October to run for Sebastian County justice of the peace, said the law is unfair to Libertarians.

“Basically, we have to be entirely done with our process before they even put people up against each other to have a long, drawn out debate period,” he said.

Hyman said Libertarians were forced to nominate candidates when interest in the 2016 election was low.

“I think at the time, people were still talking about how Trump’s not going to get any votes, and Bernie Sanders, who’s that?” he said.

The four candidates nominated Saturday for Arkansas House positions are Bill Barger for District 35; Robert Reed for District 68; Justin Brantley for District 88; and Debbie Standiford for District 38. Standiford ran for Congress in the 2nd District in 2014.

The four local candidates are Darrell Brown of Sherwood, a candidate for Pulaski County constable; Jeremy Hurtt, a candidate for Pulaski County justice of the peace; Shawn Young, a candidate for Columbia County justice of the peace; and Marc Rossen, a candidate for Pope County constable.