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U.S. District Court Sets Ballot Access Hearing in Nevada Green Party Case

Posted on August 18, 2016 by Richard WingerAugust 18, 2016

U.S. District Court Judge Jennifer Dorsey will hold a hearing in Nevada Green Party v Cegavske, 2:16c-1951, on Wednesday, August 31, at 2 p.m. The courthouse is in Las Vegas, room 6D. The issue is the June 3 petition deadline for newly-qualifying parties. The former June 10 deadline was enjoined in 1992 in Fulani v Lau, and the legislature moved the deadline to July. But then years later it was moved to April. Then in 2015 it was moved to early June.

The Green Party thought it had complied with the June 3 deadline, but was told it didn’t have enough valid signatures. The party then collected over 1,000 additional signatures, but they were refused because they were beyond the deadline.

Three Independent Presidential Petitions Submitted in Alabama

Posted on August 18, 2016 by Richard WingerAugust 18, 2016

Alabama’s petition deadline for independent presidential candidates is 4:30 pm on Thursday, August 18. Three petitions were submitted: Rocky De La Fuente, Gary Johnson, and Jill Stein. Here is a news story noting that Evan McMullin did not submit a petition.

Hearing Set for New Mexico Ballot Access Case

Posted on August 18, 2016 by Richard WingerAugust 18, 2016

A New Mexico trial state court will hear Perls v State on Friday, September 2. The issue is the 3% petition requirement for independent candidates in New Mexico. The case is Perls v State, D-101-cv-2016-1744.

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

Posted on August 18, 2016 by Richard WingerAugust 18, 2016

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

Posted on August 18, 2016 by Richard WingerAugust 18, 2016

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.