The Minnesota deadline for independent presidential petitions, and the presidential petitions of unqualified parties, is August 23. The Minnesota Secretary of State has now determined that all seven petitions submitted are valid. Here is the list from the Secretary of State’s web page.

The groups are American Delta, Constitution, Green, Independence, Legal Marijuana Now, Libertarian, and Socialist Workers. The American Delta nominee is Rocky De La Fuente, and the Independence nominee is Evan McMullin.

On August 23, Georgia filed a response in the lawsuit De La Fuente v Kemp, n.d.1:16cv-2937. The case was filed to challenge the Georgia law that says an independent presidential candidate must file a list of his or her presidential elector candidates on July 1, even though the petition itself is not due until July 12 and the petition names the elector candidates.

The state’s response says the case is moot because De La Fuente doesn’t have enough valid signatures anyway. This is surprising, because he submitted approximately 14,500, and the requirement is 7,500. No one had told De La Fuente he didn’t have enough valid signatures until this brief was filed.

In 1980, Georgia told independent presidential candidate John B. Anderson that he didn’t have enough valid signatures, and when Anderson tried to check the validity, the state said it was too late because the ballots were about to be printed. Anderson then sued in federal court, and the judge said due process demanded that Anderson be given time to double-check the validity. Because the state said there was no time, the judge put Anderson on the ballot. That case, Anderson v Poythress, is not reported. De La Fuente’s attorneys are aware of the 1980 precedent.

On Wednesday, August 24, U.S. Supreme Court Justice Elena Kagan asked Ohio to respond to the Libertarian Party’s brief of August 23. The response is due Thursday, August 25, at 3 p.m. 16A181.

By contrast, last time the Ohio Libertarian Party asked Justice Kagan to act on its application, she denied the request in two days without having asked for a response. That was the same case, in an earlier stage, when the party hoped to be allowed to participate in the 2016 primary. That application was 15A725, filed on January 12, 2016, and denied on January 14, 2016.

The Kagan request for the current case requires fast action by Ohio. By contrast, the North Carolina voting rights case, North Carolina v North Carolina State Conference of the NAACP, was submitted by the state of North Carolina on August 15, and Chief Justice John Roberts asked for a response from the other side by August 25.