Rocky De La Fuente Asks U.S. Supreme Court to Take California Ballot Access Case

Rocky De La Fuente is in the process of filing this cert petition in the U.S. Supreme Court, asking the Court to review the Ninth Circuit decision that upheld California’s ballot access law for independent presidential candidates. No independent candidate petition in California has succeeded since 1992. Important presidential candidates who failed to use the procedure include Eugene McCarthy in 1976, Ralph Nader in 2004, and Evan McMullin in 2016. UPDATE: the case is 19-524. If the state wishes to respond, its brief is due November 21. Thanks to Thomas Jones for the update.

For 2020, California requires almost 200,000 valid signatures, to be collected in 105 days. The petition cannot begin to circulate until the presidential candidate has chosen his or her 55 presidential elector candidates, because the names of all of them must appear on the petition.

Rocky De La Fuente is First Person to Qualify for Delaware Presidential Primary

Delaware requires presidential primary candidates to file 500 valid signatures in order to be on a ballot. So far Rocky De La Fuente is the only presidential candidate who has filed the petition in Delaware. The state has checked his petition and it is valid. Here is a link to the state’s list. De La Fuente filed for the Republican presidential primary.

Two Individuals are Actively Seeking the Socialist Party’s Presidential Nomination

The Socialist Party will hold its national convention October 25-26, in Newark, New Jersey. Two individuals are actively seeking the presidential nomination. They are Howie Hawkins of Syracuse, New York; and Elijah Manley of Florida. Hawkins is also seeking the Green Party nomination.

Manley is either 20 years old, or 21 years old, and is a college student.

The Socialist Party convention will first vote on whether to have a presidential nominee. If that decision is to have a presidential nominee, then the convention will choose a nominee. That will happen on Saturday, October 26.

California Democratic Party, and Libertarian Party, Tell Secretary of State They Will Let Independents Vote in their 2020 Presidential Primary

The California Democratic Party, and the California Libertarian Party, have told the Secretary of State that they will allow independents to vote in their 2020 presidential primary. The American Independent Party had already made a similar decision.

The deadline for California parties to make this decision is Friday, October 18. It appears that the Republican, Green, and Peace & Freedom Parties will not invite independents to vote in their presidential primary. Thus the 2020 decisions mirror their 2016 decisions. Thanks to Mark Seidenberg for this news.

Colorado Secretary of State Asks U.S. Supreme Court to Hear “Faithless Electors” Case

On October 16, Colorado asked the U.S. Supreme Court to hear Colorado Department of State v Baca. This is the case in which the Tenth Circuit ruled that presidential electors have a right to vote for anyone for president who meets the constitutional qualifications.

Both such cases are now before the U.S. Supreme Court. The other one is from Washington state.

Here is Colorado’s cert petition. It argues that the electors didn’t have standing to file this case, and it also argues the merits of the case. The U.S. Supreme Court hasn’t assigned a case number yet. Thanks to Daniel Ong for this news.