According to this story, on August 25, Evan McMullin’s campaign strategist, Rick Wilson, said McMullin will challenge bad ballot access laws in court. This seems peculiar, because no McMullin lawsuits have been filed. McMullin announced on August 8. A good reporter would have asked Wilson why no cases have been filed.
1. Does he have any chance of winning any of these lawsuits?
2. Hypothetically, what would his legal argument be? How would his lawsuits be any different from the ones brought up in the past by other independents and third party candidates?
Anderson v Celebrezze, 460 US 780, was a US Supreme Court decision that struck down early petition deadlines for independent presidential candidates. June petition deadlines have since been struck down in Alaska, Nevada, Arizona, Kansas, and South Dakota. So the remaining four states with June deadlines, plus the Texas May deadline, are probably unconstitutional. The four states with June deadlines are North Carolina, Illinois, Indiana, and New Mexico.
Waste of time and money
These lawsuits are important, not just for the 2016 election, but for future elections as well. And such lawsuits need not cost very much money. There are experienced ballot access attorneys willing to do them pro bono.
I hope he’s successful in any suit he files. The minor parties in Pennsylvania filed suit against the cost of petition challenges, and the number of signatures required to get on the ballot, and won both cases. Both took years to succeed. I would argue that’s hardly a waste of time and money.
My hope is, even if the cases aren’t decided this year, he and his staff pursue them so ballot access is easier for all who want to achieve it.
\ Need as many lawsuits as possible what may help one candidate or one party may help all others.
I am waiting for the lawsuit of all time , the one will declare the two party system ,illegal.