The NHCLU filed suit today against Secretary of State Bill Gardner over a ballot access law that makes it more difficult for parties other than the protected two to get on the ballot.
A press release written by Gilles Bissonnette, Staff Attorney for the New Hampshire Civil Liberties Union reads, in part:
[T]he NHCLU filed a lawsuit on behalf of the Libertarian Party challenging HB1542. HB1542 is a new state law passed this year that imposes onerous restrictions on the ability of third parties to gain access to the ballot in future elections. This law limits voter choice and stacks the deck against candidates who—like roughly 40% of Granite Staters—don’t belong to a major party. HB1542 is wrong and unconstitutional.
The NHCLU is known for its work protecting the right to vote. But voting rights mean little if the state can impose oppressive burdens that, like HB1542, protect major parties from competition and prevent voters from being presented with alternative choices. These burdens also implicate two important constitutional rights under the First and Fourteenth Amendments: the right of individuals to associate for the advancement of political beliefs, and the right of voters, regardless of their political persuasion, to cast their votes effectively…
HB1542 will also put third parties at disadvantage compared to major parties. Using the upcoming 2016 election as an example, a third party must now “sit on the sidelines” for all of 2015. If allowed to collect signatures during 2015, the third party would be able to finish the collection process sooner and campaign when it counts—in the months before the 2016 election. However, under HB1542, the third party will be collecting signatures during the summer months of 2016 when it instead should be—like the major parties—speaking to voters…
It hinders our democratic process from functioning vigorously. As a Rhode Island court concluded in striking down a similar law, “[s]ociety is best served when political parties outside the two existing major parties play an active, ‘robust’ role in the entire campaign process—not simply appear on the final election ballot.” HB1542 prevents third parties from playing such a “robust” role. Voters deserve more choices at the ballot box, not fewer. Indeed, according to a 2013 Gallup poll, 60% of Americans believe that a third party is needed.
In the meantime, we will be fighting HB1542 in court.
To further the point about sitting on the sidelines during the odd-year; if NH’s 2016 Presidential Primary is as early as it was in 2012 (January), then major party candidates will be filing for that race in the fall of 2015. Meanwhile, this law prohibits a minor party from gathering signatures at that same time. There is no way that can be seen as fair, and arguably discourages true freedom of association, as it encourages people to “join” either the Republicans or Democrats when they would rather be a member of another party.
You can read the full press release here, and click the image below to read the filing.
