On June 29, both sides filed motions for Summary Judgment in Arizona Libertarian Party v Bennett, U.S. District Court, 11-cv-856. The issue is the constitutionality of a new law that says only the two largest parties should be given checkboxes on the voter registration form.
Here is the brief filed by the Libertarian and Green Parties. Here is the state’s brief. It says that the parties lack standing and that the case is not ripe. These arguments are weak. Parties in Arizona remain on the ballot if they have registration of at least two-thirds of 1% of the state total. Generally the Libertarian Party keeps its registration that high, but just barely; and the Green Party has never had registration that high. Obviously if those two parties were listed on the voter registration form, the number of voters who register into them would be higher.
The state’s brief is misleading, because it provides a list of parties that have participated in Arizona presidential elections over the last 50 years. But, the list includes parties that were not qualified parties. The list includes every party that was not on the ballot and filed for write-in status for its presidential nominee; and it also includes parties that were not ballot-qualified by which placed their presidential nominees on the ballot under the independent candidate procedure. The state implies, but does not assert, that all these groups were ballot-qualified parties and should have been listed on the voter registration form if the state loses the lawsuit.