U.S. District Court Won’t Require Wisconsin to Put Shiva Ayyadurai on Ballot

On September 10, U.S. District Court Judge William C. Griesbach, a Bush Jr. appointee, issued an order in Marshall v Wisconsin Election Commission, e.d., 1:24cv-1095. He refused to put Shiva Ayyadurai on the ballot as an independent candidate, even though the petition had enough valid signatures. The reason is that Ayyadurai was born in India.

The four-page order says the case is frivolous on its face. Yet the issues are not frivolous, and were the subject of extensive briefing in Trump v Anderson. It does not follow logically that just because a presidential candidate does not meet the constitutional qualifications, that he or she cannot run for President. This is true partly because the presidential electors are the true candidates in November. It is also true because the Twentieth Amendment specifically provides for procedures when presidential electors in December choose a president who doesn’t meet the qualifications. It also ignores the fact that in the past, Wisconsin did print the name of a vice-presidential nominee on the ballot even though he was age 33.

Ayyadurai plans to appeal, although there is no possibility that he can be on the ballot this year.

Seventh Circuit Won’t Reconsider Indiana Ballot Access Case

On September 23, the Seventh Circuit refused to reconsider its August decision in Indiana Green Party v Morales, 23-2756. The issue was the number of signatures needed for statewide independent candidates, and the nominees of unqualified parties. No such petition had succeeded since 2000, except that in 2024, Robert F. Kennedy, Jr.’s petition had also succeeded.

Indiana is one of only three states in which the Green Party presidential nominee has never appeared on the ballot. The others are Oklahoma and South Dakota.

Shiva Ayyadurai Removed from Louisiana Ballot Because He Chose a Prohibited Ballot Label

On August 30, the Louisiana Secretary of State wrote a letter to independent presidential candidate Shiva Ayyadurai, telling him that his place on the ballot was rejected because he had chosen the partisan label “independent”, and that word is prohibited because there is a ballot-qualified Independent Party in Louisiana.

Louisiana election procedures say that if a ballot label is rejected, the Secretary will communicate with the candidate to let him or her choose a different label. But the Secretary of State did not communicate that message. Also the letter didn’t arrive until August 30. And even though the letter said his filing fee check was being returned, the check was not returned.

Sixth Circuit Keeps Robert F. Kennedy, Jr. on Michigan Ballot Against His Wishes

On September 27, the Sixth Circuit ruled 2-1 that Robert F. Kennedy, Jr., must remain on the Michigan ballot. The decision in Kennedy v Benson, 24-1799, will not be published. It is written by Judge Eric L. Clay, a Clinton appointee. It is also signed by Judge Rachel S. Bloomekatz, a Biden appointee. The dissent is by Judge David McKeague, a Bush Sr. appointee.