On May 20, Emidio “Mimi” Soltysik filed a notice of appeal to the Ninth Circuit in Soltysik v Padilla. The issue is the California law that lets some party members have their party printed on the ballot (for congress and partisan state office), but not other candidates. The U.S. District Court in Los Angeles had upheld the law last month.
On May 17, the Independent Party filed a notice of appeal to the Ninth Circuit in Independent Party v Padilla. In the 9th circuit, the case is 16-15895. The issue is whether the Independent Party will be furnished with information about how many people registered into it. The U.S. District Court in Sacramento had upheld the action of the Secretary of State. He refused to ask county election officials to determine how many registered voters the party has. The U.S. District Court had ruled that if a party named Independent Party were to become qualified, that “might” cause confusion. However, there was no evidence in the case that confusion would result. There is evidence in the case showing that eleven states have a qualified party named Independent Party on the ballot (either currently or recently) but the U.S. District Court Judge did not mention that in his opinion.