The court’s two Republicans agreed the Green Party did not meet the law's requirements, but, in a dissenting opinion, said it might be possible to allow the Green Party to fix it retroactively.
In this case, Democratic party activists challenged what they said were disqualifying irregularities in how the Green Party filed affidavits for the presidential candidate that is supposed to accompany paperwork with at least 5,000 voter signatures to get on the ballot.
Initially, Green Party officials faxed in an affidavit of candidacy for a placeholder candidate — under whose nominal candidacy the party gathered the signatures — by the Aug. 3 deadline.
“And the court said, fax is not good enough,” said Larry Otter, the lawyer handling the case for the Green Party.
Because the placeholder candidate didn't properly submit the affidavit, Hawkins' affidavit is nullified, the majority opinion said.