On August 19, the West Virginia Supreme Court accepted Erik Wells’ ballot access case. Wells is an independent candidate for Kanawha County Clerk. The lower state court said he cannot be an independent candidate, even though his petition was valid, because he is a registered Democrat. West Virginia has no law saying only registered independents can use the independent candidate procedure. But the declaration of candidacy that all candidates must fill out (whether they are filing to run in a party primary, or as an independent) is worded so as to suggest that an independent candidate must not be registered into a qualified party. See this story. The briefs are due by August 26.
On the afternoon of August 19, Evan McMullin and Chris Keniston filed to be on the Louisiana presidential ballot. McMullin’s ballot label will be “Courage Character Service”. Keniston is the Veterans’ Party presidential nominee, but he chose this label: “Unity Security Opportunity”.
On August 19, the Sixth Circuit directed opponents of Michigan’s straight-ticket device to file a brief by Tuesday, August 23, in the case over whether the device should be on the ballot this year. The case is Michigan State A. Philip Randolph Institute v Johnson, 16-2115.
On August 18, the Federal Election Commission announced that it will take action against persons who file forms FEC 1 or FEC 2, if the FEC suspects that the filings are for fake names. See this FEC press release. Forms 1 and 2 are so short and simple, many persons have started filing them using fictitious names.
August 19 is the Louisiana deadline for qualified parties, and also independent presidential candidates and the presidential nominees of unqualified parties, to file presidential elector candidates. On August 19, Jill Stein and Darrell Castle filed. As of this moment there are eleven presidential candidates set in Louisiana. With two hours to go, there is still no filing by Rocky De La Fuente, Evan McMullin, or Jim Hedges. Many campaigns have been having difficulty with the Louisiana filing because this week’s floods have forced many residents to flee their homes, and it is diffiult for some presidential elector candidates to sign, notarize and deliver candidacy forms.