On January 9, 2017, Rocky De La Fuente asked permission from a federal court in Pennsylvania to amend his complaint in his ballot access case. The issue is whether Pennsylvania can constitutionally bar persons who ran in a presidential primary from then running as an independent later that year. The request to amend the complaint says that De La Fuente has already begun planning his presidential run in 2020. It says he plans to again run in Democratic presidential primaries. It says if he doesn’t win the nomination, he will then be an independent candidate in 2020.

Assuming the court grants permission for the amended complaint, the new complaint will guarantee that the case does get adjudicated, although ballot access constitutional cases are not normally deemed to be moot when the election is over in any event. The case is De La Fuente v Cortes, m.d., 1:16cv-1696.