On September 3, an Arizona state trial court enjoined Arizona election officials from printing Kanye West’s name on the ballot as an independent candidate, because he is a registered Republican in his home state of Wyoming. Clayton v West, superior court, Maricopa County.
Never before in history has any presidential candidate been kept off any state’s ballot because of how he or she is registered to vote.
West’s petition had also been challenged because his electors were mostly registered Republicans, but by the time of the court proceeding, they had all changed their voter registration to “independent.” The Arizona election law says only registered independents can qualify as independent candidates, but it does not have a deadline for how long they have been registered.
The challenger also said that presidential elector candidates must file a campaign finance statement, but no party nominees for presidential elector ever file such a document. The decision does not decide that issue. Thanks to Derek Muller for the link. Muller has this commentary on the decision; he disagrees with it.
Arizona is in the Ninth Circuit, and the Ninth Circuit ruled in Schaefer v Townsend that congressional candidates cannot be kept off the ballot just because they aren’t registered to vote, because that would be adding to the qualifications listed in the Constitution. The U.S. Supreme Court said on July 6, 2020, in Chiafalo v Washington that the same principle applies to presidential candidates, and that states cannot add qualifications not listed in the Constitution. Therefore, it seems that any election law regulating how a presidential candidate is registered, or whether he or she is registered, would be unconstitutional.
Can’t Kanye switch his voter registration to independent in Wyoming and make this a moot point so he can be on the ballot?
Howie Hawkins is a registered Green, but he will be on the ballot in some states as an independent, so why not Kanye in AZ?
The presidential candidates are just placeholders for their slate of Electors. So what does their actual party affiliation even matter? The votes are all technically going to their electors. The purpose of the parties should just be for freedom of association under the First Amendment.
Must sue ALL hacks for BIIIIG $$$$$$ damages —
to bankrupt them — and as examples for other hacks to take notice.
https://www.detroitnews.com/story/news/politics/2020/09/03/judge-bars-kanye-west-appearing-arizonas-ballot/113658394/
story
Even if this were the legislative intent, it violates equal protection since it makes a distinction between candidates who reside in states such as Michian or Washington, and those who live in California or New York. I suspect the intent was to apply to state offices so that a disgruntled primary vote could not run as an independent.
I was unable to find any Arizona statute regarding placing of Republican, Libertarian, or Democratic candidates on the general election ballot. They are not nominated by primary. Arizona used to nominate presidential electors by primary, but there is now explicit statute permitting the parties to appoint electors.
It appears that the placement of the names of Trump, Biden, and Jorgenson on the ballot is more by tradition than statute.
The excrement from the major parties is in full force this election. They must be getting scared.
Andy, too late now! You gotta love that this scam failed because its principal was too dumb to even pretend not to be grifting.
One more brain dead court re PREZ/VP candidates NAMES on ballots vs the Art 2 / 12 Amdt Electors list for such candidates.
ie a brain dead MORON classification by a MORON *judge*.
One more reason to abolish the super-timebomb electoral college and ALL the insane ROT connected to it.