Lawsuit from Ballot Petitioners Proceeds against W.Va. DNR

The Associated Press reports that "a federal judge has refused to dismiss a First Amendment lawsuit a political party filed after the Division of Natural Resources said the party couldn't distribute literature and collect signatures for a candidate petition drive at a state park."

The Constitution Party of West Virginia had brought their petition drive to National Hunting and Fishing Day at Stonewall Jackson State Park, while trying to put their candidates on the state's Nov. 4 ballot.

DNR officials cited park and agency rules and policies in halting the group. The pending lawsuit alleges the party's "civil and constitutional rights were violated. The Rutherford Institute, a Charlottesville, Va.-based civil rights group, filed the suit on their behalf."

The party's presidential candidate, Charles Baldwin, did end up on the West Virginia ballot. He attracted 2,465 votes or 0.35 percent, according to the secretary of state.