Rocky De La Fuente’s federal lawsuit against the new California law on presidential candidate tax returns and primary ballot access has been transferred from the federal court in San Diego (the southern district) to the federal court in Sacramento (the eastern district). Therefore, all the five federal cases against the new law are assigned to U.S. District Court Judge Morrison England. The hearing is September 19. The case number for De La Fuente v Padilla is now 2:19cv-1659.
The state has asked permisison to file a single brief that will relate to all five cases. The state also wants permission to exceed the normal length for briefs of this type. It is difficult to imagine a single brief, because the cases differ in some ways. They include two candidates, President Donald Trump and De La Fuente, who are not situated identically. Also they include two cases that have no candidate-plaintiffs, just voter-plaintiffs. And they include a case filed by the Republican National Committee, which has issues of freedom of association that are not present in the other cases.
How many of those ***disputed*** FACTS ???
Time enough to get to SCOTUS for an op by early July 2020 ???
The California presidential primary is in March 2020 so this needs to be settled fast.
Bypass 9 Cir ???
Delay CA Mar 2020 Prez primary ???
Stay tuned in the now USA Banana Republic —
now akin to the tyrant UK regime having NO written Const. ???
I can not see why the San Diego Court allowed the case to move to Sacramento with the three times Transportation cost for Mr. Rossi to go to Sacramento over San Diego from PHL.
However, my concern is the issue being ripe before October 1, 2019 (E-154) was the GOP is not yet qualified
to file until they show 1/15 of 1% registration on
October 1, 2019
Mark Seidenberg
Vice Chairman
American Independent Party of California
@Mark Seidenberg: I know that the California Republican Party has fallen on some hard times recently, but I hardly think that their voter registration has dipped below 1/15 of 1%. (They had 23.57% as of February 2019.)
@JK,
Before Prop 14, the meaning of party registration was literally an intent to affiliate with a political party at the next primary. That is, most of the time ordinary voters were not Democrats or Republicans, or whatever, but would only act as Democrats or Republicans on primary election day.
A party qualified to have a primary if sufficient numbers had expressed an intent to vote in that party primary. While it is quite probable that there will be a Republican primary, it is possible that they will not.
The SOS is arguing that it is hypothetical whether the Republican Party will be injured, because it is not known whether any candidates will not comply with law.
The Democrats really don’t care whether any tax returns are released. They want to use it as a campasign issue.The longer the court case hangs around the better.