On September 3, the Indiana Green Party asked for rehearing en banc in the Seventh Circuit, in the party’s ballot access case. Indiana Green Party v Morales, 23-2756. Both the U.S. District Court and the Seventh Circuit had upheld the 2% petition requirement even though the state had presented no evidence in support of the law, and even though the party had submitted a great deal of evidence. That evidence, which is uncontested, establishes that no statewide independent petition, or petition for an unqualified party nominee, can succeed without the expenditure of approximately $500,000.

Ballot Access News
By Richard Winger
September 9, 2024

The Seventh Circuit said it is obvious that 2% petitions are constitutional, even though federal courts in Arkansas, Michigan, North Dakota, and South Dakota have struck down similar petition requirements. The Seventh Circuit decision did not mention any of these precedents.