On September 22, U.S. District Court Judge Robert Chambers, a Clinton appointee, enjoined the West Virginia law that requires independent candidates, and the nominees of unqualified parties, to file a declaration of candidacy in January. Daly v Tennant, s.d. 3:16cv-8981. The plaintiffs are Darrell Castle, Constitution Party presidential nominee, and Naomi Spencer Daly, Socialist Equality Party nominee for West Virginia legislature.
The judge said his preliminary injunction covers not only the two plaintiffs, but all the petitioning candidates who were removed from the ballot this year because they did not comply with the January filing deadline. This also puts the other Constitution Party nominees on the ballot. The party has candidates for Governor and county office, as well as its presidential ticket. UPDATE: here is a news story about the decision, which quotes the Secretary of State as saying she approves of this outcome.
Thanks for the report Richard. Is there any word on whether the State of West Virginia will appeal the decision ?
I wonder if this decision also applies to other candidates who are registered Republicans and Democrats but committed fraud and petitioned post-primary as “independents?” IMO, even though that is ethically wrong, it should, because court decisions are only binding on the parties involved.
The original case decided by the West Virginia Supreme Court involved SOS Tennant’s husband. If the federal court decision “prevents” her husband’s exclusion from the ballot she is unlikely to appeal.