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.
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.
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.
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.
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.
