The Eleventh Circuit will hear Green Party of Georgia v Kemp, 16-11689, in Atlanta, on Thursday, January 26, 2017. This is the case in which the U.S. District Court invalidated Georgia’s petition requirement, 1% of the number of registered voters, for president. The U.S. District Court said there was no reason for the state to require approximately 50,000 signatures, especially given the fact that no one had successfully petitioned for president in Georgia since 2000. The U.S. District Court then set the requirement at 7,500 until the legislature changes it.
Even with a requirement of 7,500 signatures in place, no presidential petition succeeded in Georgia in 2016. Jill Stein and Rocky De La Fuente both submitted more signatures than the 7,500 requirement, but the state said neither petition had enough valid signatures. Therefore it will be difficult for Georgia to argue to the Eleventh Circuit that the ballot will be too crowded if the state loses the case.
The state has also consistently argued that the plaintiff political parties lack a modicum of support. But given that Jill Stein polled at least 1,400,000 votes in the nation last month, it will be difficult for the state to argue that the Green Party lacks a modicum of support.