U.S. District Court Dismisses Georgia Green Party & Constitution Party Ballot Access Case

On July 17, U.S. District Richard W. Story dismissed the Green Party and Constitution Party ballot access lawsuit which challenges Georgia’s petition requirement for minor party and independent presidential ballot access. The order is only four pages, and the substantive part is only one paragraph. Judge Story said that because the U.S. Supreme Court had upheld Georgia’s 5% petition for Governor in Jenness v Fortson, and because lower courts had upheld Georgia’s 5% petition for Congress in Cartwright v Barnes, and Coffield v Kemp, therefore the Georgia presidential petition of 1% must be constitutional.

The judge didn’t mention Bergland v Harris, nor Anderson v Celebrezze, both of which said states have a diminished interest in keeping presidential candidates off their ballots, relative to other office. Bergland v Harris is an 11th circuit precedent, and Georgia is in the 11th circuit. Bergland v Harris said that Georgia’s 2.5% petition might very well be unconstitutional as applied to presidential candidates, and remanded the case back to a lower court. Before the lower court could act, the Georgia legislature lowered the 2.5% petition down to 1%.


  1. So, there are grounds for appeal? How likely is that?

    Also, what are the chances of state and congressional Green Party candidates getting on the ballot? They are running active campaigns for the state legislature, for example see this video from Kwabena Nkromo, running as a Georgia Green in the 57th District of the Georgia House:

  2. Richard Winger · · Reply

    There will be a rehearing request filed soon.

  3. Demo Rep · · Reply

    Gee – how come not simple ONE page orders ???

    This is the result of ALL of the MORON ballot access cases since 1968 (Williams v. Rhodes) — NOT bringing up —

    Separate is NOT equal.
    Brown v. Bd of Ed 1954

    — due to all sorts of know-it-all IDIOT MORON RETARDED lawyers in ballot access cases since such 1968.

    How come the courts do not impose big $$$$ sanctions on the MORON lawyers involved ???

    — who keep making the same old know-it-all frivolus WRONG arguments

    — but who keep expecting some sort of better results — i.e. INSANE lawyers having INSANE arguments.

    Hmmm. How many years of anti-slavery stuff from 1789 to 1865 ??? Looks like a mere 76.

    2012-1968 = only a mere 44 years.
    ONE election day per cycle.
    Equal nominating petitions
    P.R. and nonpartisan App.V.

  4. John Rey · · Reply

    I echo the third question in #1: What is the status of the state and congressional Green Party candidates who are attempting to get on the ballot in Georgia?

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