Court Decision May Offer Libertarian Party of Georgia Grounds to Sue Over Ballot Access

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A recent court development may change the electoral landscape for the Libertarian Party of Georgia in 2024.

U.S. District Court Judge Steve C. Jones has delivered an order saying the Pendergrass v Raffensperger case, which challenges Georgia’s U.S. House district boundaries, cannot be resolved without a trial. This trial is set to commence on September 5, lasting an estimated nine days with post-trial briefs due by September 25, reports Richard Winger of Ballot Access News.

If Judge Jones rules in favor of redrawing the district boundaries, it would require action from the legislature to map new districts. However, the possibility of a state appeal to the Eleventh Circuit is likely. The state’s chance of winning the appeal appears slim given recent U.S. Supreme Court decisions that mandated Alabama to redraw its U.S. House districts – a situation echoing Georgia’s current predicament.

The controversy doesn’t end there. Legislative districts in Georgia are also under scrutiny, with lawsuits regarding these districts intertwined with the congressional district case. There is a high probability that the final decision on the districts won’t be reached until the spring of 2024.

What’s the impact?

According to court precedent in Georgia, if the final decision is delayed until 2024, the state must decrease the number of required signatures for independent candidates and nominees of minor parties for district office. The first such instance, Busbee V Smith (1982), led to Georgia lowering the petition requirement for two Atlanta-area districts from 5% to approximately 1.3% due to the reduced petitioning period.

Similar rulings in 1982 and 2002 mandated the extension of the petition deadline in a State Senate race and the reduction of signatures for U.S. House.

The upcoming court decision could impact the Libertarian Party of Georgia, as the outcome may provide them with grounds to sue to lower petitioning requirements, especially if district lines are redrawn in 2024. Georgia is not alone in potentially reducing petition requirements due to late redistricting; Alabama faces a similar situation with uncertainty around district lines until spring 2024.

Georgia isn’t alone in potentially lowering petition requirements due to delayed redistricting; Alabama also finds itself in a similar situation with its districts likely to remain unknown until spring 2024.

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