Why Evan McMullin’s Wyoming Petition Failed

As noted earlier, Evan McMullin submitted approximately 5,500 signatures in Wyoming to be on the ballot. The law requires 3,302. However, Wyoming law does not allow voters to sign for more than a single independent candidate for the same office. Approximately one-third of the McMullin signers had also signed for either Jill Stein or Rocky De La Fuente. Because those two candidates filed their petitions before McMullin did, the signatures of those multiple signers did not count for McMullin.

The order in which the candidate signed the petition can be determined (because signers show the date of signing) but is not material. The signature that counts is the first one submitted to the Secretary of State.

Rocky De La Fuente Sues Alabama to Regain Spot on Ballot

On September 12, independent presidential candidate Rocky De La Fuente sued the Alabama Secretary of State, who had initially put him on the ballot, and who had then removed him after noticing that he had run in the 2016 Democratic presidential primary in Alabama. De La Fuente v Merrill, m.d., 16-cv-755. The case is assigned to U.S. District Court Judge Myron Thompson, a Carter appointee.

Alabama let Lyndon LaRouche run as an independent presidential candidate in 1992, even though LaRouche had run in the 1992 Alabama Democratic presidential primary. The sore loser law has not changed in any material way since then. It has been expanded since then to cover minor parties as well as independents, but that is not relevant to De La Fuente.

Minnesota Supreme Court Leaves Donald Trump on Ballot

On September 12, the Minnesota Supreme Court issued a unanimous opinion in Martin v Simon, A16-1436. This is the case in which Minnesota’s Democratic Party state chair said Donald Trump should be removed from the ballot because the Republicans didn’t follow state law, concerning their choice of alternate presidential electors.

The decision says the case is rejected because it was filed two weeks after the plaintiff knew about the problem. The decision says nothing about the merits of the lawsuit. Thanks to Rick Hasen for the link.

Connecticut Working Families Party Announces Nominees

On September 12, the Working Families Party of Connecticut released the list of its nominees. It nominated 90 individuals for Congress or legislature who are also Democratic nominees. It nominated two legislative candidates who are not the nominees of any other party. Unlike past years, it did not nominate a single Republican nominee for any state or federal office. See this story.

For President, the Working Families Party in Connecticut has no nominee. In order for WFP to nominate Hillary Clinton, it would have needed a petition of 7,500 names. New York is the only state in which WFP has ever nominated anyone for President, and in New York it has always been the Democratic presidential nominee.