The West Virginia State Supreme Court heard Wells v Miller on September 7, and the Court suggested it would issue an opinion by the close of business on Thursday, September 8. However, there is no opinion yet as of 6:30 p.m. eastern time. The issue is whether anyone who holds the constitutional qualifications to hold an elective office may petition to be an independent candidate, or whether only registered independents can do that.

There is no West Virginia law restricting who can be an independent candidate. But all candidates, whether general election or primary election, use the same declaration of candidacy form, and it asks for the candidate’s party affiliation. Because the form was mostly designed for primary candidates, it seems to suggest that no one can run if the candidate’s registration and the candidate’s ballot label don’t match up.

On September 7, the New Mexico Secretary of State agreed to put Better for America on the ballot as a qualified party. Earlier the Secretary of State had determined that its petition did not have enough valid signatures. Better for America then sued, and the day before the court hearing, the Secretary of State settled the case and said the party will go on the ballot. It is extremely likely that Better for America will certify presidential elector candidates who are pledged to Evan McMullin.

The case had been Better for America v Winter, Santa Fe district court, d-101-cv-2016-1955.

On September 6 the New Hampshire Secretary of State determined that independent presidential candidate Rocky De La Fuente has enough valid signatures. The office had previously determined that Gary Johnson and Jill Stein also have enough signatures, so there will be five presidential candidates on the ballot.

For Governor of New Hampshire, there will be three candidates on the ballot: the Democratic nominee, the Republican nominee, and Max Abramson, the Libertarian nominee.

For U.S. Senate in New Hampshire, there will be four candidates on the ballot: the Democratic nominee, the Republican nominee, Libertarian Brian Chabot, and independent Aaron Day.