Arkansas News Bureau
LITTLE ROCK — The Green Party of Arkansas sued the state in federal court today challenging its decertification in Arkansas as a political party.
The state decertified the party after the 2006 general election because its candidate for governor failed to get at least 3 percent of the vote.
Under Arkansas law, a party must have received at least 3 percent of the total votes case in the most recent gubernatorial election to remain certified as a political party for the next election.
The lawsuit, filed by the American Civil Liberties Union, argues that Secretary of State Charlie Daniels’ decision to decertify the party violates state law and the free speech rights of third parties.
It notes Green Party candidates received thousands of votes for federal and state offices in the 2008 general election, and for the first time one of its candidates was elected to the Legislature.
“The Green Party clearly represents the interests of a large number of Arkansans,” said Rita Sklar, executive director of the ACLU of Arkansas.
“But the Democratic and Republican parties have set up an unconstitutional system to deny ballot access to legitimate third parties that have substantial voter support in order to shield themselves from competition.”
During this year’s legislative session, a House committee rejected a bill that would have amended a state election law to change the 3 percent requirement to include cumulative votes garnered by a third-party’s candidates for president, U.S. Senate and any statewide constitutional offices.
In 2006, the ACLU union represented the Green Party of Arkansas in successfully challenging the state requirements for new political parties to gain ballot access. The suit led to legislation lowering the number of signatures parties have to collect to qualify for the ballot.
In last year’s general election, Green Party candidate Richard Carroll of North Little Rock defeated two write-in candidates for the District 39 House seat after Democrats blocked former lawmakers Dwayne Dobbins from running for the seat he vacated in 2005 to avoid a felony sexual assault trial. Dobbins pleaded guilty to a misdemeanor charge.
Dobbins sued to get on the ballot but the state Supreme ruled just days before the election that he waited too long to take legal action.
After his first legislative session this year as the state’s only Green Party legislator, Carroll switched to the Democratic Party.
Tim Humphries, attorney for the secretary of state’s office, declined comment about the lawsuit Thursday, and spokesmen for both the Democratic and Republican parties did not immediately respond to requests seeking comment.
