On December 19, U.S. District Court Judge Karen Schreier issued a 26-page opinion in Libertarian Party of South Dakota v Krebs, 4:15cv-4111. The issue is the March petition deadline for newly-qualifying parties. The state argues that the early deadline is necessary, because the state has a strong interest in providing that newly-qualifying parties nominate by primary. The South Dakota primary is in June, so the state argues the March deadline is necessary.

The plaintiff parties, the Libertarian Party and the Constitution Party, argue that the March petition deadline forces them to submit a hefty petition (2.5% of the last gubernatorial vote, tied for the second highest percentage requirement for mandatory new party petitions in the nation) and collect many, if not most, signatures in the winter months. As is well known, South Dakota has severe winter weather that makes petitioning outdoors difficult.

The December 19 decision says that a trial will be needed to weigh whether the state really needs to provide newly-qualifying parties with their own primary. The state is in a somewhat awkward position because in South Dakota, all parties (even the Republicans and Democrats) don’t use a primary to nominate for any statewide state executive office except Governor. So since the state already has procedures in place for all parties, big and small alike, to nominate for some offices by convention, one wonders why the state has any interest in preventing newly-qualifying parties from using their conventions to nominate for all office, instead of just some offices. The decision says on page 21, “The questions here are whether South Dakota has a compelling state interest in having certain candidates participate in a primary election while others an be selected by convention.”