Projo 7 to 7 News Blog

PROVIDENCE, R.I. -- Formal arguments in a lawsuit contesting state law on how independent parties get on the statewide ballot have been pushed back to at least April, the head of the state chapter of the American Civil Liberties Union said today.

During pre-trial arguments before U.S. District Court Judge William Smith this morning, lawyers for the state of Rhode Island said the case should be dismissed without even going to trial, according to Steven Brown, head of the state's ACLU chapter.

Smith ordered written briefs from both sides on that isssue, Brown said, and that pushed back the original March 16 date for the trial, which could be canceled altogether if Smith grants the dismissal motion.

The ACLU is representing Kenneth Block and his Moderate Party of Rhode Island, which is seeking to get on the statewide ballot for the 2010 election. Block is contesting the state law that says to get on the statewide ballot, a new party must get at least 5 percent of the vote in a statewide election or collect petitions signed by registered voters equal to 5 percent of the turnout in the previous statewide election. For 2010, that means about 23,500 signatures.

If a party chooses the petition route, it cannot start soliciting signatures until Jan. 1 of the election year.

The ACLU is challenging the 5 percent figure and the Jan. 1 starting date as unconstitutional limits of the party's federal constitutional rights.

 Tags  American Civil Liberties Union Moderate Party of Rhode Island U.S. District Court Judge William Smith

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