On September 12, the West Virginia Supreme Court ruled 6-1 that West Virginia law does not allow individuals to be independent candidates, if they are registered members of a qualified party. See the two-page order here. Wells v Miller, 16-0779. The Court says it will explain its reasoning later, but that the decision of the lower state court is affirmed. That means that numerous individuals who successfully petitioned to be on the November 2016 ballot for state and county office will now be removed from the ballot. The plaintiff, Erik Wells, was an independent candidate for Kanawha County Clerk, but he is a registered Democrat.

The West Virginia law does not actually say independent candidates must not be members of a qualified party, but apparently the State Supreme Court thinks it is implied.

The September 11 Winston-Salem Journal has this endorsement of Gary Johnson for President. The paper endorsed John McCain in 2008, and President Obama in 2012. Thanks to William Stevenson for the link.

On September 9, the U.S. Court of Appeals voted 2-1 that the federal voter registration form used in all states avoid telling applicants that they must attach documents proving they are citizens. Until this order came down, the form said that applicants in Kansas, Alabama, and Georgia must attach copies of documents such as naturalization papers or proof of birth in the U.S. The case is League of Women Voters v Newby, 16-5196.

The U.S. Election Assistance Commission is responsible for the federal voter registration form. The director, who is associated with Kansas Secretary of State Kris Kobach, early this year attached the special instructions for use in Kansas, Alabama, and Georgia, even though the commissioners had not directed him to do that. Thanks to Rick Hasen for the link.

The two judges in the majority are Judith W. Rogers, a Clinton appointee; and Stephen F. Williams, a Reagan appointee. The dissenting judge is A. Raymond Randolph, a Bush Sr. appointee.