Rocky De La Fuente and Jill Stein File Opening Brief in Oklahoma Ballot Access in Tenth Circuit

On March 8, Rocky De La Fuente and Jill Stein filed this opening brief in their Oklahoma ballot access case, De La Fuente v Ziriax, 17-6010. The issue is the 2016 requirement that an independent presidential candidate file a petition of 40,047 signatures, even though an entire new party could get on the ballot for 24,745, and an independent candidate for office other than president needs no petition at all.

The U.S. District Court had upheld the law, saying that because President is such an important office, the state has an interest in more difficult requirements for president than for other office. The U.S. District Court ignored the point that the U.S. Supreme Court had said the exact opposite in Anderson v Celebrezze.

If the legislature passes SB 145, this case will be moot. That bill has already passed the Senate. It eases ballot access for independent presidential candidates and the presidential nominees of unqualified parties.


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