For Immediate Release

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Oklahoma Libertarian Party
Contact: Chris Powell
Phone: 405-640-8204
E-mail: cspowell@rocketmail.com
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May 24th, 2005

Libertarians see silver lining in Supreme Court ruling

On Monday the Supreme Court reversed an appellate court decision and ruled
to limit participation in partisan primaries to a party's members and
Independents. The Oklahoma Libertarian Party had brought suit in order to
be able to allow registered Democrats and Republicans to vote in Libertarian
primaries. While the court did rule against the OKLP by 6-3, two of the
justices voting with the majority wrote separately that state laws that
make it difficult for minor parties and independents to get on the ballot
may very well be unconstitutional.

"It's shocking that the unanimous 10th Circuit ruling was overturned," said
OKLP spokesman Chris Powell. "It's particularly troubling that the decision
in the case was written by Justice Thomas, who was not an active
participant during oral argument, and that Chief Justice Rehnquist joined
the majority despite not even being present during oral argument."
Dissenting Justice John Paul Stevens concluded that the majority opinion
"has little to support it other than a naked interest in protecting the two
major parties."

"Nevertheless," Powell said, "Justices O'Connor & Breyer sided with the
majority but did agree that the OKLP had valid concerns about freedom of
association." Loyola Law School Professor Rick Hasen wrote at his website
(www.electionlawblog.org) that the five justices who agree that freedom of
association rights are a concern "may make it easier for those challenging
election laws" in future cases. Oklahoma has the most restrictive ballot
access requirements in the nation.

The case arose during the 2000 elections, when the OKLP had three
candidates file for Corporation Commission. The Party allowed Independents
to participate in the primary, and wished to allow registered Democrats and
Republicans to participate, but the State Election Board prevented it. Had
the OKLP achieved ballot status in 2004, the party would have been allowed
to invite registered Republicans and Democrats to participate in primaries,
thanks to the 10th Circuit decision in the OKLP's favor. However, due to
the rigorous signature requirement for new parties in the state, only the
two old parties were on the ballot.

Oklahomans for Ballot Access Reform championed House Bill 1429 during the
current legislative session, which would reduce the signature requirement
for new parties, but the bill was not heard in committee. The OKLP has
another case pending in state court directly challenging the state's
onerous ballot access law. "Perhaps now that it seems a majority of the
Supreme Court may favor overturning election law that is clearly unfair to
alternative parties," said Powell, "maybe our Legislature or state courts
will be encouraged to act for ballot access reform and allow Oklahoma
voters the possibility of more choices on election day."

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