Alabama Secretary of State Won’t Print Rocky De La Fuente on the Ballot Because he ran in the Democratic Presidential Primary

After the Alabama Secretary of State verified Rocky De La Fuente’s independent presidential petition, he noticed that De La Fuente had run in this year’s Democratic presidential primary, so he has ruled that De La Fuente cannot be on the November ballot.

Lyndon LaRouche also ran in the Democratic presidential primary in 1992 in Alabnama, and he got on the ballot as an independent in November. The sore loser law has not changed in any material way since 1992. The Secretary of State acknowledges that LaRouche was permitted to do that in 1992, but says he does not know why it was allowed in 1992 and has not checked the archives to see if there is an explanation.

New Mexico Independent Candidate Withdraws Lawsuit Against High Number of Signatures

Bob Perls, a New Mexico independent candidate for state office this year, has decided to withdraw his lawsuit alleging that New Mexico’s Constitution is violated by the very high number of signatures needed for independent candidates. The lawsuit was filed July 15, 2016, but there were problems with serving the defendants, and it is now too late for him to hope for judicial relief. The case is Perls v State, Santa Fe, First Judicial District, D-101-cv-2016-1744.

New Mexico and Alabama have the highest percentage petition requirement for independents for non-presidential statewide office. They are the only states at 3% for statewide non-presidential independents. New Mexico has never had an independent candidate on the ballot for either Governor or U.S. Senator. New Mexico didn’t have procedures for independent candidates until 1977. Eugene McCarthy sued New Mexico over its failure to have procedures for independent candidates, and he won the case, although too late for him to appear on the November 1976 ballot as an independent presidential candidate.

Michigan Asks U.S. Supreme Court to Keep Straight-Ticket Device Off 2016 Ballot

On September 2, Michigan state officials asked the U.S. Supreme Court to let the state keep the straight-ticket device off the November 2016 ballot. See this story. UPDATE: here is the state’s application to the U.S. Supreme Court. Thanks to Rick Hasen for the link to the brief. The case is Johnson v Michigan State A. Philip Randolph Institute, 16A225.

Connecticut is Still Working on Validating Presidential Petitions but Won’t be Done Until Next Week

The Connecticut Secretary of State is working on tallying up valid signatures for various petitions for president and other office, but won’t finish until next week, although earlier it did determine that the Jill Stein presidential petition has enough valid signatures.

The Gary Johnson presidential petition (which actually has a stand-in presidential candidate, not Johnson himself) so far has 6,916 valid signatures, with many more reports from certain towns so far not processed. The requirement is 7,500. Connecticut law permits stand-ins.