Block V. Mollis

On February 3, 2009, the Rhode Island ACLU filed a federal lawsuit against Rhode Island elections officials on behalf of the Moderate Party of Rhode Island (MPRI), challenging the State’s restrictive ballot access laws. The lawsuit, filed by RI ACLU volunteer attorney Mark W. Freel, argues that the laws unconstitutionally impede the ability of fledgling groups like MPRI from gaining formal recognition as a political party.

At issue in the lawsuit is a state statute that bars any new political party from collecting in an off-election year the signatures necessary to gain state recognition as a party. Instead, the party must wait until the beginning of the election year to do so. This provision prevents MPRI from raising money and organizing in 2009, while allowing the two major political parties to organize and raise funds at will. In addition, the statute requires a new political party to collect signatures representing 5% of the voter turnout for the 2008 elections (roughly 23,500 certified signatures of registered voters) in order to gain recognition as a party. Many states have far lower signature thresholds for party recognition.

Updates:

May 29, 2009 -- Judge Strikes Down State Ballot Access Law
February 3, 2009 -- Suit Filed Over Restrictive State Ballot Access Law

Documents:

Lawsuit filed by the ACLU.
Ruling by the U.S. District Judge.