But, tragically, those principles are often ignored by political incumbents who help erect barriers to organized participation in the election process by American citizens who prefer to exercise their Constitutional rights outside the confines of the Republican and Democratic parties. Either by petition or caucus nomination, they are permitted to take the first step toward the possibility of election. For others, however, those wishing to identify with a not yet recognized political party, the barriers to entry are high and they are expensive. Georgia election law creates obstacles which are particularly onerous to citizen taxpayers and voters who are not professional politicians. Plaintiffs claim, and the court agrees, that this prohibition is not self-evident from the relevant statutes.
Plaintiffs claim that they diligently sought out the proper procedures for obtaining ballot access.
The court found that the defendant, the State of Georgia, 'does not have an obligation to give additional notice. Defendant need not instruct plaintiffs on the relevant law, or notify plaintiffs about every case interpreting the relevant laws. That was the ruling of U.S. District Judge Clarence Cooper on October 17, 1996. We could talk at length about the many advantages which are peculiarly accorded the Republican and Democratic parties by Federal election laws, as well as by State election laws in Georgia and elsewhere. The good news is that, all over America, the trend is to tear down the arbitrary barriers to ballot access, and to thereby enable more widespread political participation.