Two Minor Party Candidates File Federal Lawsuit Against West Virginia for Removing Them From Ballot

Posted on by September 20, 2016
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On September 19, Darrell Castle, Constitution Party presidential nominee, and Naomi Spencer Daly, Socialist Equality Party nominee for state legislture, sued the West Virginia Secretary of State for removing them from the ballot. Daly v Tennant, s.d., 3:16cv-8981. The case is assigned to Judge Robert Chambers, a Clinton appointee.

On Friday, September 16, at 6:30 p.m., an agent of the West Virginia Secretary of State had phoned or e-mailed 17 petition candidates (mostly independent candidates, but including three Constitution Party nominees and one Socialist Equality nominee) and said even though they had already been certified for the ballot, they were being removed, because they hadn’t filed a declaration of candidacy in January. The lawsuit argues that (a) that early deadline is unconstitutional for candidates seeking a spot on the November ballot; (b) it violates due process to remove candidates from the ballot so close to the election, after having put them on.

Georgia Secretary of State Now Says Laurence Kotlikoff May be a Declared Write-in Presidential Candidate

Posted on by September 20, 2016
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Laurence Kotlikoff is an economist who is filing to be a write-in presidential candidate in every state that has procedures for write-in presidential candidates to file to have their write-ins counted. On September 19, the Georgia Secretary of State told his campaign that he will be be allowed to receive write-ins in Georgia. Earlier the state had denied him this status, on the grounds that he hadn’t included an affidavit saying the notice of his candidacy had been published in a newspaper. But then the state realized that he had filed that affidavit, but the state had misplaced it.

Both Sides Agree to Mediation in California Lawsuit over Partisan Labels on Ballot for Members of Unqualified Parties

Posted on by September 19, 2016
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On September 13, both sides in the lawsuit Soltysik v Padilla, 16-55758, now pending in the Ninth Circuit, agreed to mediate the case. The mediation conference is set for September 27. The issue is whether members of unqualified parties may have their party printed on the ballot when they run for Congress or partisan state office. The plaintiffs are registered “Socialist” but under current law, their ballot label is “party preference: none.”

By contrast, Washington, the only other state that uses a top-two system, lets any candidate choose any partisan label if it is 15 characters or less and is not obscene. This year, in the California primary, two candidates were on the ballot for U.S. Senate who were registered members of unqualified parties. Eleanor Garcia is registered “Socialist Workers” and Don Grundmann is registered “Constitution.”

U.S. District Court Abstains in Rocky De La Fuente Pennsylvania “Sore Loser” Lawsuit, so De La Fuente Files in State Court

Posted on by September 18, 2016
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On September 14, U.S. District Court John Jones issued a ruling in De La Fuente v Cortes, m.d., 1:16cv-1696. The issue is whether Rocky De La Fuente can be on the Pennsylvania ballot as an independent candidate for President. The order says the issue belongs in state court.

So, on September 16, De La Fuente filed a lawsuit in Commonwealth Court, a state court. That case is also called De La Fuente v Cortes. Here is the complaint in state court.