State seeks to dismiss suit over filing period

Less than two weeks after a federal judge refused to dismiss a lawsuit that challenges the constitutionality of a state law that limits the petition-gathering period for independent candidates, Secretary of State Mark Martin again asked that the case be tossed out of court.

The lawsuit was filed Feb. 6 by three men who complained that Act 1356 of 2013 thwarted their efforts to run as independent candidates. The three are Mark Moore of Benton County, who sought the position of lieutenant governor; Michael Harrod of Washington County, who sought the District 84 seat in the state House of Representatives; and William Chris Johnson of White County, who was a contender for county judge.

Unlike Republican and Democratic candidates, who pay a filing fee to their state party to file for state or federal office in Arkansas, independent candidates must gather signatures to get on the ballot. The petition process starts 90 days before the filing period, but changes legislators made to the law in 2013 forced the process to end in March instead of May 1. The candidates said those changes unfairly shortened their signature-collecting time and forced them to try to collect signatures during colder weather.

In an earlier motion to dismiss, the secretary of state's office argued that the plaintiffs filed the lawsuit before the beginning of this year's filing period, which ran from Feb. 24 to March 3, which meant that they hadn't yet been harmed by the law and so didn't have a case.

In a 11/2-page order filed Aug. 4, U.S. District Judge James M. Moody Jr. said it was too early to ponder whether the plaintiffs are likely to prove their factual allegations. He noted that dismissal is appropriate only when "it appears beyond doubt" that the plaintiffs cannot prove any set of facts that would entitle them to relief.

On Friday, attorney A.J. Kelly, who is deputy secretary of state, filed an answer to the lawsuit on behalf of the state.

In it, he said that laws passed by the General Assembly are presumed constitutional until proven otherwise and re-alleged that the plaintiffs lack standing to pursue the case. Kelly also argued that the plaintiffs could have avoided the petition signature requirements by filing for office as write-in candidates. He said all three failed to do so "and have thereby waived any claims for relief."

Metro on 08/16/2014

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