On August 23, Georgia filed a response in the lawsuit De La Fuente v Kemp, n.d.1:16cv-2937. The case was filed to challenge the Georgia law that says an independent presidential candidate must file a list of his or her presidential elector candidates on July 1, even though the petition itself is not due until July 12 and the petition names the elector candidates.

The state’s response says the case is moot because De La Fuente doesn’t have enough valid signatures anyway. This is surprising, because he submitted approximately 14,500, and the requirement is 7,500. No one had told De La Fuente he didn’t have enough valid signatures until this brief was filed.

In 1980, Georgia told independent presidential candidate John B. Anderson that he didn’t have enough valid signatures, and when Anderson tried to check the validity, the state said it was too late because the ballots were about to be printed. Anderson then sued in federal court, and the judge said due process demanded that Anderson be given time to double-check the validity. Because the state said there was no time, the judge put Anderson on the ballot. That case, Anderson v Poythress, is not reported. De La Fuente’s attorneys are aware of the 1980 precedent.