On March 12, the Ninth Circuit heard oral argument in De La Fuente v Padilla, 16-55758. This case challenges the independent petition requirement for presidential candidates in California, which requires almost 200,000 signatures, to be gathered in 105 days. The panel of judges showed, from their questions and comments, that they are aware that no one has successfully used this procedure since Ross Perot in 1992. The procedure had been used six times, between its creation in 1976 and 1992, but in that period, the requirement was approximately 100,000 to 120,000 signatures. UPDATE: listen to the 40-minute hearing at this link.

Judge M. Margaret McKeown said that it seems that when the requirement was approximately 100,000, it was a manageable task, but because the requirement is so much higher now, it is no longer practical. Judge John Clifford Wallace, referring to Ross Perot’s wealth, said, “Maybe it’s time to let a poor candidate run.” Judge Wallace also said that he believes that Rocky De La Fuente, the plaintiff-candidate, has standing, something the state disputes.

De La Fuente’s attorney had pointed out that significant independent presidential candidates had failed to qualify in California in the past, including Eugene McCarthy in 1976, Ralph Nader in 2004, and Evan McMullin in 2016. The attorney for the state did not mention McCarthy, but he said that Nader was “damaged goods” in 2004, because the public perceived that he had “spoiled” the 2000 election. The attorney for the state also said that it was understandable that Evan McMullin didn’t qualify in California, because he announced so late.

The attorney for the state said, “Perot didn’t spend a dime” to get on the ballot in California in 1992. This is false and evidence in the record shows that it is false. Perot spent a great deal of money getting on the ballot in California in 1992. He opened dozens of storefront offices around the state, to provide a place for volunteers to be trained, and to pick up petitions and turn them in.

The attorney for De La Fuente pointed out that in 2017, the California legislature had lowered the petition in lieu of filing fee (for statewide office) from 10,000 signatures to 7,000. The attorney for the state said that is not relevant.