Rocky De La Fuente’s Pennsylvania Ballot Access Case Has Briefing Schedule

On August 18, U.S. District Court Judge John Jones held a status conference in De La Fuente v Cortes, m.d., 1:16cv-1696. The issue is whether De La Fuente can be on the ballot as an independent for president in Pennsylvania. No one challenged De La Fuente’s petition. But the state elections office returned all of his petitions to him, saying they would not accept them. They did not clearly explain why, but it is either because he is a registered Democrat in Florida, or it is because he ran in the Democratic presidential primary in Pennsylvania this year.

At the status conference, the state argued that the case should be moved to state court. Judge Jones did not seem sympathetic to that argument, and said the state should submit a brief by August 25, and De La Fuente should submit a response by August 30.

Nine Presidential Petitions Filed in Tennessee That May be Valid

The Tennessee petition deadline for independent presidential candidates is August 19 at noon. Nine petitions that may be valid were filed:

1. Darrell Castle
2. Rocky De La Fuente
3. Gary Johnson
4. Alysson Kennedy
5. David Limbaugh
6. Evan McMullin
7. Mike Smith
8. Emidio Soltysik
9. Jill Stein

The Secretary of State has already determined that Gary Johnson’s petition is valid. The office is checking the other petitions.

Jim Hedges did not file because at the last minute, two of his presidential elector candidates changed their mind. Two other presidential candidates filed petitions that were found not to have enough valid signatures: James Germalic and Kyle Kopitke.

State Court in West Virginia Says Party Members Cannot Run as Independent Candidates

On August 18, a trial state court ruled that the independent candidate petition process cannot be used by registered members of political parties. See this story. The ruling disqualifies an independent candidate for Kanawha County Clerk, even though he had enough valid signatures, because he is a registered Democrat.

There is no West Virginia statute that says independent candidates cannot be registered party members. Erik Wells, the candidate, may ask for State Supreme Court review. Wells is the husband of West Virginia Secretary of State Natalie Tennant.

Louisiana Secretary of State Keeps Updated List of Presidential Candidates on Web Page; Deadline is August 19

Independent presidential candidates, and the presidential nominees of unqualified parties, get on the Louisiana ballot by paying $500 by August 19. They must also submit a list of presidential elector candidates, including one living in each of the six U.S. House districts.

The Secretary of State enters each candidate onto its web page, shortly after that individual files. As of 5 p.m. Louisiana time, these seven had filed: Laurence Kotlikoff (It’s Our Children); Jerry White (Socialism Equality Anti-War); Princess Fambro (Loyal Trustworthy Compassion); Gloria LaRiva (Socialism & Liberation); Alysson Kennedy (Socialist Workers); and Tom Hoefling (Life, Family, Constitution).

See the list here. The deadline is 4:30 pm on Friday, August 19. Louisiana’s qualified parties are Democratic, Green, Libertarian, Reform, and Republican.