Green Party of TN 518 Moore Avenue Nashville, TN 37203

Judge: TN must lower hurdles for third parties
Written by Gary B. Gray / Johnson City Press
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A federal judge in Nashville has ruled in favor of Tennessee’s Green and Constitution parties’ joint lawsuit which claimed state laws violated the Tennessee constitution by making it unreasonably hard for third parties to get their names on the ballots.

Both the Green and Constitution parties are recognized by state law as a “minor” parties, which, by definition means they are required to file a nominating petition with the state’s coordinator of elections. That petition must bear the signatures of a minimum of at least 2.5 percent of the total number of votes cast for gubernatorial candidates in the most recent election for governor.

Judge William J. Haynes Jr. of the U.S. District Court in Nashville wrote Friday that the law was “unconstitutionally vague, and imposes impermissible burdens.”

Ruling says law has many faults

For a “minor” political party to get its name on the Tennessee ballot in 2012, more than 40,000 signatures would have to be collected. This law has not been applied to Republican and Democrat, or “major” parties. Haynes said 10,000 signatures would be more reasonable.

Haynes declared that minor parties cannot be forced to conduct primaries, as required by state law. Plaintiffs’ Attorney Alan Woodruff says primaries are too expensive for smaller parties, and that nominating conventions would relieve that burden.

The judge enjoined the state from banning the words “independent” and “nonpartisan” in a party’s name as it appears on a ballot, stating the ban violates free speech rights.

He said the state’s requirement that major parties be listed highest on ballots followed by minor parties was unlawful. He ordered the state to hold a drawing to determine ballot order.

He ruled against current state law which requires signatures on nominating petitions to be accompanied by party affiliation, stating this violated First Amendment rights to privacy.