Rocky De La Fuente’s Minnesota Lawsuit Probably Will Force a Delay in the Minnesota Presidential Primary

This article quotes the Minnesota Secretary of State as saying that he can’t hold the presidential primary on March 3, because of the pending ballot access lawsuit De La Fuente v Simon, A19-1994. The case is in the State Supreme Court. The Court is expediting the case, but the Secretary of State tried to get it handled even faster, and the State Supreme Court refused his request.

The case has a voter co-plaintiff, James Martin, who says he wants to vote for De La Fuente. The article doesn’t mention De La Fuente’s name; it only mentions the name of the voter-co-plaintiff. The issue is the portion of the law that gives the party complete control over which names to list. The Minnesota Republican Party only wants President Donald Trump’s name on its ballot.

Presidential Primary Filing Closes in Ohio

December 18 was the deadline for presidential primary candidates to file in Ohio. Here is the list, from the Secretary of State’s web page, which mixed Democrats and Republicans together. Fourteen Democrats and two Republicans filed.

No one filed in the Libertarian presidential primary. Candidates need a statewide petition and then small individual petitions for delegate candidates.

Jill Stein Files Brief in Pennsylvania Lawsuit on Vote-Counting Machines

On December 19, Jill Stein filed this brief in Stein v Boockvar, e.d., 2:16cv-6287. This is the lawsuit filed in 2016 by Jill Stein against vote-counting machines in some Pennsylvania counties that did not have a paper trail. The state settled that lawsuit and agreed that all counties would soon have vote-counting machines that leave a paper trail, and also that allow a voter to see what votes that voter has just cast.

Stein re-opened the case when it became apparent that in some counties, the new technology still doesn’t allow a voter to see what votes that voter has just cast. In some counties the voter only sees a bar code, not the actual ballot.

Filing Closes for Vermont Presidential Primaries

December 16 was the Vermont deadline for candidates to submit 1,000 signatures to get on a presidential primary ballot. Three Republicans submitted a petition, and thirteen Democrats submitted one. See the list from the Vermont Secretary of State’s web page.

Julian Castro didn’t have 1,000 valid signatures, but the law lets candidates in that situation have a chance to collect more signatures, as long as they had submitted at least 1,000 raw signatures by the deadline.

Ninth Circuit Says Ballot Access-Tax Returns Case is Moot

On December 16, the Ninth Circuit said that the five federal cases over the California tax returns-ballot access law are moot. The Ninth Circuit order in all these combined cases says, “Because these appeals were mooted by the California Supreme Court’s decision in Patterson v Padilla, and not through any voluntary actions of the parties, we remand these matters to the district court with instruction to vacate the October 2, 2019 order.”

This means that the U.S. District Court order, finding that the California law keeping presidential primary candidates off ballots unless they reveal their income tax returns violates the U.S. Constitution, can’t be used as a precedent in future litigation. Here is the three-page order.