Hendren Leaves GOP, A Boon for Better Ballot Access Law?
State Senator Jim Hendren, Nephew of Governor Asa Hutchinson, has left the Republican Party and is now an independent. The basis for his departure seems to be the tone set by former President Donald Trump. Trump has denied some of the accusations in the link above that MSN reported as fact, but this seems like a thoroughly considered decision on Hendren's part. To me (Mark Moore) this is a chance to rectify Arkansas ballot access laws for independents. I shared the email below with Hendren and a number of other legislators....
To the Honorable Jim Hendren, et al
I am writing to Senator Hendren in regards to his recently expressed concern for fairness in opportunity for independent candidates. The matter is a delicate one, requiring wisdom in looking beyond one's own label or tribe in order to seek equity. I include in this message several legislators whose paths I have crossed in peace, along with two with whom I have had no dealings- my current representative Rep. McCollum and the man who will be my Representative should my contemplated move to a particular house in Fayetteville occur, Rep. Whitaker.
For those of you who don't know, I engaged in a five year legal battle with the state regarding ballot access laws for independent candidates. Eventually we successfully overturned the law which had moved the date by which we had to submit our petition signatures from early March to May first. The date to submit signatures was restored to May 1st.
But that was not the only result of the case. The state has never fully complied with the ruling in this case as amended. Due to the aggressive tactics of the state, a situation arose where we had a need for the judge to clarify his ruling as to whether we had to file our original paper work with party candidates in early March or whether we could wait until May 1st to turn in all the required paperwork. Not just the petition signatures but the other associated filing paperwork as well. Judge Moody ruled that we could file it all on May 1st. The state appealed this and the 8th circuit ruled the point moot because I fell short in my signature drive but refused to vacate Judge Moody's decision because of the history and reputation of the Arkansas Legislature on ballot access issues. A transcript of the appeal will show that the state specifically called for a vacation because of the amendment to Judge Moody's order which I have attached, and the court still let the ruling stand.
The result of this is that it is my position that the state would lose another ballot access lawsuit if challenged on this issue. Part of the result of my suit is that the state was required to pay my attorney in excess of $54,000 and it seemed to me that the state spent much more time, energy and effort on the case than our side did. So I would easily imagine the lost value to the state was in six figures, nor was my case the only one in which this has happened recently.
There is no compelling state interest to explain why independent candidates should have to file their candidate paperwork with party candidates. They don't have a primary election. Their primary is to see if they can collect the required number of signatures (which in legislative races is triple the requirement that judges face, but this is a separate equity issue) in the 90 days by May 1st. If they know they have fallen short, it is just a waste of time and energy for the state and the candidate to have to file in March, as well as in my opinion being an unconstitutional burden on independent candidates because there is no compelling state (as opposed to private political party) interest. In Presidential years the party filing period in Arkansas is absurdly early compared to the date an independent candidate must file their petitions, so it is doubly a burden to make them file their other paperwork with party candidates. If it is the party's wish to force their members to make early choices for party reasons that should not place a burden on citizens who are not members of a party.
I encourage you to file a bill which would change state law so that it fully complies with the judge's ruling, as attached.
With Respect,
Mark Moore
But that was not the only result of the case. The state has never fully complied with the ruling in this case as amended. Due to the aggressive tactics of the state, a situation arose where we had a need for the judge to clarify his ruling as to whether we had to file our original paper work with party candidates in early March or whether we could wait until May 1st to turn in all the required paperwork. Not just the petition signatures but the other associated filing paperwork as well. Judge Moody ruled that we could file it all on May 1st. The state appealed this and the 8th circuit ruled the point moot because I fell short in my signature drive but refused to vacate Judge Moody's decision because of the history and reputation of the Arkansas Legislature on ballot access issues. A transcript of the appeal will show that the state specifically called for a vacation because of the amendment to Judge Moody's order which I have attached, and the court still let the ruling stand.
The result of this is that it is my position that the state would lose another ballot access lawsuit if challenged on this issue. Part of the result of my suit is that the state was required to pay my attorney in excess of $54,000 and it seemed to me that the state spent much more time, energy and effort on the case than our side did. So I would easily imagine the lost value to the state was in six figures, nor was my case the only one in which this has happened recently.
There is no compelling state interest to explain why independent candidates should have to file their candidate paperwork with party candidates. They don't have a primary election. Their primary is to see if they can collect the required number of signatures (which in legislative races is triple the requirement that judges face, but this is a separate equity issue) in the 90 days by May 1st. If they know they have fallen short, it is just a waste of time and energy for the state and the candidate to have to file in March, as well as in my opinion being an unconstitutional burden on independent candidates because there is no compelling state (as opposed to private political party) interest. In Presidential years the party filing period in Arkansas is absurdly early compared to the date an independent candidate must file their petitions, so it is doubly a burden to make them file their other paperwork with party candidates. If it is the party's wish to force their members to make early choices for party reasons that should not place a burden on citizens who are not members of a party.
I encourage you to file a bill which would change state law so that it fully complies with the judge's ruling, as attached.
With Respect,
Mark Moore
posted by Mark Moore (Moderator) at Thursday, February 18, 2021
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