Judge Allows Libertarian Party to Sue NH Secretary of State

A federal judge says the Libertarian Party can proceed with a lawsuit challenging a New Hampshire law it claims could prevent its candidates from getting on the ballot.

Libertarians sued Secretary of State William Gardner in July, challenging new limits on how long parties have to collect signatures to petition their way onto the ballot. State law requires a third party to collect signatures equal to 3 percent of the total votes cast during the prior election. Under the change, parties can't begin gathering signatures until Jan. 1 of the election year.

The state asked to dismiss the lawsuit, but U.S. District Court Judge Paul Barbadoro refused. In a ruling this week, he said whether the law is reasonable depends on factors that have yet to be explored.