This case involves an equal protection challenge to Missouri's "new party" ballot access statute. The Libertarian Party of Missouri and several of its members (Libertarians) challenged the constitutionality of Missouri's statutory requirement that new political parties certify their presidential electors earlier than established parties. The district court1 denied the Libertarians' motion for an injunction requiring the Secretary of the State of Missouri to place the Libertarian Party candidates for President and Vice-President of the United States on Missouri's 1988 general election ballot. This expedited appeal followed. On September 22, 1988, 860 F.2d 1086, this panel issued a final order affirming the order of the district court, Judge Heaney dissenting, with opinion and dissent to follow. We issued mandate at that time. We now reaffirm the order of the district court.

The Libertarian Party initiated this action after the Libertarians' candidates for President and Vice-President were declared ineligible to appear on Missouri's general election ballot. On August 1, 1988, the Libertarian Party of Missouri presented Missouri's Secretary of State with a recognition petition containing sufficient signatures to qualify the Libertarians as a new political party under Missouri law.2 The Libertarians did not present their final list of presidential electors or declarations of their candidacy until September 7, 1988.3 On September 8, 1988, the Secretary of State informed the Libertarian Party that its candidates for president and vice-president would not appear on the Missouri ballot for the November 1988 election because the party had failed to file the final list of electors, along with their candidacy statements, by August 1, 1988. The Secretary of State accepted the Libertarian Party as a newly recognized party for offices other than president and vice-president. According to this ruling, the Missouri ballot for the November 1988 election will include Libertarian candidates for governor, lieutenant governor, treasurer, secretary of state, United States senator and United States representative--but will not list Libertarian presidential and vice-presidential candidates.

After learning that the Secretary of State refused to include the Libertarian presidential and vice-presidential candidates on the November ballot, the Libertarians sought to have certain provisions of the Missouri election laws4 declared unconstitutional on equal protection grounds5 and to permanently enjoin the Secretary of State from printing the ballot without the names of the Libertarian presidential and vice-presidential candidates listed on it. On September 16, 1988, the district court denied the Libertarian Party's request for relief, refusing to enjoin the state from printing the 1988 general election ballot without the Libertarian presidential and vice-presidential candidates.

The district court applied the method of analysis set forth by the United States Supreme Court in Anderson v. Celebrezze, 460 U.S. 780, 103 S. Ct. 1564, 75 L. Ed. 2d 547 (1983). In Anderson, the Court held that, when faced with a restriction on voters' rights to vote for candidates of their choice or candidates' right to run for office, a court must first consider the character and magnitude of the asserted injury, then identify and evaluate the state's interest asserted as justification for the burden imposed by the rule. Anderson, 460 U.S. at 789, 103 S.Ct. at 1570. The district court found that the Libertarians clearly established the character and magnitude of the rights they allege have been violated. The court determined that the state's interest in assuring the integrity of the election ballot justified the burden imposed on new parties. Finally, the court found that requiring new parties to file a final list of electors and their candidacy statements with the recognition petition is a reasonable means of advancing the state's interest.

The Libertarian Party appealed to this court. We agreed to review the matter immediately in light of Missouri's requirement that absentee ballots be available by September 27, 1988.6

The Libertarian Party's argument on appeal focuses on the language of the Missouri statute that requires a new party to include the names of candidates for presidential electors with the party's recognition petition "if presidential electors are to be nominated by petition." Mo.Rev.Stat. Sec. 115.315 (emphasis added). The Libertarians argue that the statute does not, on its face, require new parties to submit information about their presidential electors at the time they submit their recognition petition. Their argument implies that new parties, at their own option, may choose to nominate electors through the recognition petition, or may choose to nominate electors by some other method not subject to the recognition petition deadline.

We find that Missouri law clearly requires new parties to include a list of presidential electors and their candidacy statements at the time of filing a new party recognition petition.7 Section 115.327, entitled "Declaration of candidacy, when required, form of " states:

When submitted for filing, each petition for the * * * formation of a new political party shall include a declaration of candidacy for each candidate to be nominated by the petition. Each declaration of candidacy for the office of presidential elector shall be in the form provided in section 115.399.

Mo.Rev.Stat. Sec. 115.327. As the district court found, Sec. 115.327 requires new parties to include presidential elector information as part of their recognition petition.

The Libertarians bolster their assertion that elector candidacy statements need not be submitted at the same time as recognition petitions with language from our ruling in Libertarian Party v. Bond, 764 F.2d 538 (8th Cir.1985). In Libertarian Party v. Bond, we stated, in reference to Sec. 115.317, that "[o]nce a new party meets the signature requirement, it need do nothing more in order to get its candidates on the ballot." 764 F.2d at 542. Taken in proper context, however, this quotation was comparing the requirements of Sec. 115.317 with the overly stringent recognition schemes found unconstitutional in other states. See Williams v. Rhodes, 393 U.S. 23, 89 S. Ct. 5, 21 L. Ed. 2d 24 (1968) (ballot access scheme declared unconstitutional where, even after meeting the signature requirement, the new party was required to engage in elaborate primary election machinery to get its candidates on the ballot). Furthermore, in light of the statutory requirement that new parties include presidential elector information with their recognition petitions, a new party must include such information on the petition in order to meet the signature requirement of Sec. 115.317.

Having found that Missouri law required the Libertarian Party to attach the names and candidacy statements of presidential electors to its recognition petition, we now turn to a discussion of the requirement's constitutionality. The Libertarian Party bases its equal protection argument on the fact that Missouri law requires new parties to submit their presidential electors before established parties.8 We agree with the district court that the challenged provisions of Missouri's ballot access statute do not deny appellants' right to equal protection.

In Libertarian Party v. Bond, 764 F.2d 538 (8th Cir.1985), a panel of this court recognized that ballot access restrictions endanger vital individual rights, including "the right of individuals to associate for the advancement of political beliefs, and the right of qualified voters, regardless of their political persuasion, to cast their votes effectively." Anderson v. Celebrezze, 460 U.S. at 787, 103 S.Ct. at 1569 (quoted in Libertarian Party v. Bond, 764 F.2d 538, 540 (8th Cir.1985)). Mindful of the danger posed to these rights by ballot access restrictions, the panel concluded that such provisions must be subjected to strict scrutiny. Libertarian Party v. Bond, 764 F.2d at 540. We agree, and shall therefore apply that standard of review in this case.9

The application of strict scrutiny for purposes of equal protection challenges to ballot access restrictions involves a two-part analysis: the restriction must be necessary to serve a compelling state interest, and may not go beyond what the state's interest actually requires.10 MacBride v. Exon, 558 F.2d 443, 448 (8th Cir.1977); McLain v. Meier, 637 F.2d 1159, 1163 (8th Cir.1980). This court clarified its view of "strict scrutiny" as applied to ballot access challenges in Libertarian Party v. Bond,11 stating:[A] court must determine whether the challenged laws "freeze" the status quo by effectively barring all candidates other than those of the major parties, Jenness v. Fortson, 403 U.S. at 439, 91 S.Ct. at 1974, and provide a realistic means of ballot access. American Party of Texas v. White, 415 U.S. at 783, 94 S.Ct. at 1307. The focal point of this inquiry is whether a "reasonably diligent [ ] candidate [can] be expected to satisfy the signature requirements." Storer v. Brown, 415 U.S. at 742, 94 S.Ct. at 1285. Thus, the test is whether the legislative requirement is a rational way to meet this compelling state interest. The least drastic means test becomes one of reasonableness, i.e., whether the statute unreasonably encroaches on ballot access. See Anderson v. Celebrezze, 460 U.S. at 788 & n. 9, 103 S. Ct. at 1570 & n. 9 (1983) * * *.

764 F.2d at 541 (quoting Libertarian Party v. Florida, 710 F.2d 790, 793 (11th Cir.1983), cert. denied, 469 U.S. 831, 105 S. Ct. 117, 83 L. Ed. 2d 60 (1984)).

a. State Interest

Clearly, the state's interests which are furthered by its election laws are compelling. It is a fundamental obligation of the states, imposed by Article II, Section 1, Clause 2 of the Constitution of the United States, to provide presidential electors:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

Although Presidential electors do not appear on Missouri ballots, the significance of their role is unquestionable. Missouri law provides: "The names of candidates for presidential electors shall not be printed on the ballot but shall be filed with the Secretary of State in the manner provided in Sec. 115.399." Mo.Rev.Stat. Sec. 115.243.1. Any vote cast for candidates for President and Vice-President "shall be a vote for their electors." Mo.Rev.Stat. Sec. 115.243.2. Further, when presidential and vice-presidential candidates are to be elected, the official ballot for the general election must include instructions stating "a vote for candidates for President and Vice-President is a vote for their electors." Mo.Rev.Stat. Sec. 115.243.3.

The integrity of Missouri's general election ballot is protected by the requirement that Presidential electors file with the Secretary of State a declaration of candidacy. Without such a declaration, there is no assurance that there are capable persons willing to serve as electors and carry out the wishes of Missouri voters in the national electoral college. Thus, because of Missouri's requirements that presidential electors file declarations of candidacy, when the Secretary of State certifies a candidate's name to appear on the Presidential ballot, he is assuring the voters that the candidate is qualified to serve and that their vote for that candidate is meaningful.

The state's interest in requiring new parties to file candidacy statements for their presidential electors when they file their recognition petition is similar. With an established party, the Secretary of State has assurance that there will be Presidential electors for their candidate, and there is no risk in printing the names on the ballot. For new political parties, however, declarations of candidacy for their presidential electors insure a vote cast for the new party will be a meaningful vote.

b. Burden

In examining the validity of the filing requirement, the district court looked at whether the date established by the legislature was reasonable. We agree with the district court that the time frame of the Missouri statutes is reasonable. The filing requirements are not burdensome or even impractical; they certainly are not an "insurmountable obstacle" for a party seeking a spot on the ballot. See American Party, 415 U.S. at 783-84, 94 S.Ct. at 1307-08 (ability of other minority parties to meet ballot access requirements demonstrates lack of burdensomeness). In fact, a "new party"--the New Alliance Party--met the filing requirements for the November election.

The overwhelming conclusion in this case is that the Libertarian Party's failure to file its declarations of candidacy is not sufficient to support a claim that the requirement unconstitutionally burdens new parties, nor to suggest that the requirement does not fulfill a compelling state interest. The present case can be equated to the situation presented in Unity Party v. Wallace, 707 F.2d 59 (2d Cir.1983).

In Unity Party, the state refused to put a senatorial candidate's name on the ballot because his acceptance, which was mailed on time, was received after the deadline. The court, while acknowledging the apparent severity of the sanction, focused on the simplicity of compliance. "Nothing before us indicates that compliance with the acknowledged acceptance requirement is difficult. There is no evidence in the record that compliance is time-consuming, complex or imposes any financial hardship." Unity Party, 707 F.2d at 62. Only the "careless or inadvertent failure to follow the mandate of the statute" gives rise to the complaint. Id. Here, as in Unity Party, compliance would have been easy.

The Unity Party court recognized that while nominees from established parties ordinarily were designated and held out to the public at the party's state conventions, the same could not be said for new party and independent candidates. Id., 707 F.2d at 63-64. "Absent an acknowledged acceptance requirement, the States' ballots would be unnecessarily crowded and confused * * *." Id. The court recognized New York's interest in preventing fraudulent candidacies. Similarly, Missouri's ballot access statutes operate to preserve the integrity of the election process.

Missouri's ballot access statute prevents the unnecessary crowding and confusion of its general election ballot. The statute does not impose any unreasonable burdens on new parties. The Libertarians have failed to get their Presidential candidate on the Missouri ballot. App.Br. at 7. Such failure, however, does not render Missouri's election statutes constitutionally invalid.

Accordingly, the Libertarians' motion is denied.

States requiring new parties/independent candidates to submit petitions including presidential elector information before established parties have to submit presidential elector information:

                           New Parties               Established Parties
Colorado a                 August 2                  September 23
Massachusetts b            August 30                 September 13
New Hampshire c            August 10                 October 25
New Jersey d               August 1                  August 25
Pennsylvania e             August 1                  September 16
Rhode Island f             August 31                 October 14
West Virginia g            August 1                  September 15
a Colo.Rev.Stat. Secs. 14801, 302304, 701.
b Mass.Gen.L. Sec. 8538; see Serrette v. Connolly, No. 68172 (Suffolk
  County Su perior Court, June 19, 1985) (declaring old petition date
  unconstitutional and requiring new parties to file petitions by last Tuesday
  in August).
c N.H.Rev.State.Ann. Secs. 4653:8, 655:4045, 667:21.
d N.J.Rev.Stat. Sec. 19:1315 (established parties must nominate electors at
  conve ntion and file certificates of nomination with the Secretary of State
  within on e week of nomination); LaRouche v. Burgio, 594 F. Supp. 614
  (D.N.J.1984); April 18, 1988 Secretary of State ruling (deadline for new
  parties should be August 1).
e Pa.Stat.Ann. Sec. 252878 (established parties must file presidential
  elector in formation within thirty days of national convention); Libertarian
  Party of Pennsylvania v. Davis, No. 840262 (M.D.Pa.1984) (new parties must
  file nomination papers on or before August 1).
f R.I.Gen.Laws Sec. 171213; McCarthy v. Noel, 420 F. Supp. 799 (D.R.I.1976)
  (mid-July deadline for new parties unconstitutional); July 1988 Secretary of
  State ruling (petitions for third party and independent candidates accepted
  until August 31).
g W.Va.Code Sec. 3521, 2124.

HEANEY, Circuit Judge, dissenting.

I respectfully dissent. The majority rightfully holds that the appropriate standard of review is one of strict scrutiny. In Anderson v. Celebrezze, 460 U.S. 780, 793-94, 103 S. Ct. 1564, 1572-73, 75 L. Ed. 2d 547 (1983), the Supreme Court Stated:

[I]t is especially difficult for the State to justify a restriction that limits political participation by an identifiable political group whose members share a particular viewpoint, associational preference, or economic status. * * *

A burden that falls unequally on new or small political parties or on independent candidates impinges, by its very nature, on associational choices protected by the First Amendment. It discriminates against those candidates and--of particular importance--against those voters whose political preferences lie outside the existing political parties. By limiting the opportunities of independent-minded voters to associate in the electoral arena to enhance their political effectiveness as a group, such restrictions threaten to reduce diversity and competition in the marketplace of ideas. Historically political figures outside the two major parties have been fertile sources of new ideas and new programs; many of their challenges to the status quo have in time made their way into the political mainstream. In short, the primary values protected by the First Amendment--"a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open," are served when election campaigns are not monopolized by existing political parties.

Id., 460 U.S. at 793-94, 103 S. Ct. at 1572-73 (footnotes and citations omitted, emphasis added).

Thus, the state comes to us with the very heavy burden of justifying the early filing requirement for presidential electors of "new" political parties. It has not met this burden.

The rationale advanced by the state for having an earlier filing date for "new" parties is that it is necessary to assure that there are capable and qualified persons to serve as electors for the "new" political party before the party's presidential candidate is placed on the ballot. The state also argues that its interest in efficiency is better served by requiring a "new" party to file its list of presidential electors before the state undertakes the task of verifying petition signatures. Neither rationale meets the strict scrutiny requirements of Anderson v. Celebrezze.

On August 1, 1988, the Libertarian Party filed 41,499 petition signatures, more than two times the showing of support required by statute. In view of the substantial showing of support required by the state and the actual support demonstrated by appellants, it is difficult to credit the concern that a "new" political party will not be able to find a sufficient number of qualified presidential electors.

In addition, even if one were to credit the state's concerns, it has not shown that those concerns cannot be met by a deadline later than August 1. The state represents that it need not begin distribution of absentee ballots until September 27, 1988. Even allowing the state a reasonable time to verify the qualifications of proposed electors for new parties prior to distribution of absentee ballots, it would appear that the September 7, 1988 filing of the appellant afforded the state sufficient time to protect its interest.

It is undeniable that the earlier filing deadline places obstacles in the path of the Libertarian Party which do not exist for either the Republican or Democratic Party. In light of the minimal interests served by the obstacle, they must fall.