On August 19, the West Virginia Supreme Court accepted Erik Wells’ ballot access case. Wells is an independent candidate for Kanawha County Clerk. The lower state court said he cannot be an independent candidate, even though his petition was valid, because he is a registered Democrat. West Virginia has no law saying only registered independents can use the independent candidate procedure. But the declaration of candidacy that all candidates must fill out (whether they are filing to run in a party primary, or as an independent) is worded so as to suggest that an independent candidate must not be registered into a qualified party. See this story. The briefs are due by August 26.