The Atlanta Journal-Constitution

Court revives signature rules that hinder Ga. third parties

No such candidate for U.S. House has gotten on ballot in decades.

- By Mark Niesse Mark.niesse@ajc.com

A federal appeals court reinstated Georgia’s steep requiremen­ts for third-party candidates to get on the ballot Wednesday, a hurdle that has prevented anyone other than Republican­s and Democrats from running for the U.S. House for decades.

No third-party candidate for the U.S. House has ever collected enough signatures to appear on the ballot under a 1943 state law that requires a petition signed by at least 5% of registered voters.

The 11th U.S. Circuit Court of Appeals’ ruling preserved the signature requiremen­ts, finding that they didn’t violate voting rights and freedom of associatio­n rights guaranteed by the U.S. Constituti­on.

The decision reverses a judge’s order that had reduced the number of signatures needed for candidates from Libertaria­n, Green and other political parties to run for office.

U.S. District Judge Leigh Martin May had lowered the signature requiremen­t to 1% of registered voters for candidates running for nonstatewi­de office, the same percentage of signatures needed for statewide candidates. May wrote in her September order that the 5% signature requiremen­ts created an “unconstitu­tional burden.”

Candidates nominated by the Republican and Democratic parties automatica­lly appear on the ballot.

The three-judge panel of the 11th Circuit unanimousl­y reversed May’s order based on an appeal by Republican Secretary of State Brad Raffensper­ger. The decision was written by U.S. Circuit Judge Britt Grant, a former Georgia Supreme Court justice, and joined by U.S. Circuit Judges William Pryor and Frank Hull.

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