Four Presidential Candidates File Petitions in Ohio; Evan McMullin is Not Among Them

Posted on by August 11, 2016
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August 10 was the Ohio petition deadline for presidential candidates who use the independent candidate procedure. The Secretary of State’s web page shows that only four petitions were filed: for the Libertarian slate, the Constitution slate, and independent candidates Michael Steinberg and Richard Duncan. Duncan lives in Ohio and has been on the ballot in Ohio as an independent presidential candidate in 2012 and 2008 as well, but he has never got on any other state’s ballot. Steinberg is a stand-in for Rocky De La Fuente, although it is not clear what the final names will be for that slate until after the stand-in process is completed.

Evan McMullin, the choice of some anti-Trump Republicans, did not file.

The qualified parties in Ohio are Democratic, Green, and Republican. The Libertarian Party is still waiting to see if the Sixth Circuit will put it back on the ballot. It was a qualified party 2008-2014. Thanks to Steve Linnabary for the link.

Idaho Secretary of State Says Darrell Castle Can’t be an Independent Presidential Candidate; Castle Asks for Reconsideration

Posted on by August 10, 2016
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On August 3, the Idaho Secretary of State wrote a letter to Darrell Castle, saying the office believes he is circulating an independent presidential petition, and warning him that if he submits the required 1,000 signatures by the August 24 deadline, the office will reject it because sec. 34-708A says that independent presidential candidates must declare that they have no political party affiliation. This law has existed since 1977, and yet always before it has been interpreted to refer to political party affiliation for Idaho parties, not national parties or parties in other states.

On August 10, Castle responded with this letter. Castle notes that John Anderson was permitted to be on the Idaho ballot as an independent in 1980, even though Anderson continued to list himself as a Republican in his Congressional Directory page all during 1980. Castle notes that Idaho let Jill Stein be an independent presidential candidate in 2012, even though at the time, and currently, she is a registered Green in Massachusetts. Castle noted that Idaho let Rocky Anderson be an independent presidential candidate while he was a registered Justice Party member in Utah.

Finally, Castle notes that he himself is not a registered member of the Constitution Party, because he lives in Tennessee, which does not have registration by party. Also the Constitution Party does not have dues-paying membership.

The reason Castle has been circulating an independent petition in Idaho is because the ballot-qualified Constitution Party in Idaho is lead by individuals who are angry with the national Constitution Party, so they won’t put Castle on as the party nominee.

Evan McMullin Will Sue Texas over May Petition Deadline

Posted on by August 10, 2016
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Evan McMullin, the independent presidential candidate who announced on August 8, plans to sue Texas and several other states over their early petition deadlines for independents. See this general strategy summarized at The Weekly Standard. It is likely McMullin will also sue Illinois, Indiana, and North Carolina, states with June deadlines. June petition deadlines have already been declared unconstitutional in Alaska, Nevada, Arizona, South Dakota, and Kansas (in Kansas, the state conceded June was too early, and voluntarily moved the deadline to August; that happened in 1988).

West Virginia Independent Candidate Challenged Because he is a Registered Democrat

Posted on by August 10, 2016
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Erik Wells is an independent candidate for County Clerk of Kanawha County, West Virginia. His petition has enough valid signatures, but his ballot position is being challenged because he is a registered Democrat. See this story. West Virginia has no law saying an independent candidate cannot be a member of a political party.