Rocky De La Fuente Keeps His Georgia Ballot Access Case Alive

On March 31, Rocky De La Fuente filed an amended complaint in his Georgia ballot access lawsuit, to cure certain problems with his original complaint. De La Fuente v Kemp, n.d., 1:16cv-2937. The case challenges the July 1 deadline for independent presidential candidates to submit their presidential elector candidates, and also Georgia’s failure to have any uniform standards for checking the validity of signatures from one county to the next.

The original complaint had made an assertion that deadlines for independent presidential candidates can’t be earlier than the dates of major party presidential conventions. On March 17, the U.S. District Court had rejected that assertion, but had suggested that an amended complaint might reasonably argue that the state has no interest in the July 1 deadline for electors, given that the petition itself isn’t due until two weeks later. De La Fuente did submit his electors by that date, so he has standing to challenge the separate earlier July 1 deadline for the list of electors.

De La Fuente has constitutional ballot access challenges pending in Alabama (sore loser issue), Arizona (number of signatures), California (number of signatures), Georgia, Oklahoma (number of signatures), Pennsylvania (sore loser), Texas (many issues), Virginia (mandatory disclosure of entire social security number for presidential elector candidates), and Washington (the need to publish notice in a newspaper before starting to petition for President).


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