Tuesday, September 6, 2016

Three CA Minor Party or Independent Lawsuits Now Pending in Ninth Circuit


Thanks to Richard Winger of Ballot Access News for this post.

The Ninth Circuit has three California cases filed by Minor Parties or independent candidates.

Soltysik v Padilla, 16-55758, challenges State law that won’t let members of unqualified Parties have their Party label on ballots, if they are running for Congress or partisan State office. That case is moving slowly and no briefs have been filed. The plaintiff is a registered Socialist.

De La Fuente v Padilla, 16-56261, is an appeal of the denial of a preliminary injunction. It challenges the law that requires an independent Presidential candidate to collect 178,039 valid signatures in 105 days. The court has already determined that the case is not suitable for mediation, and briefs will probably be filed soon, although no matter what happens, it is unlikely that the 2016 ballot will be affected.

Independent Party v Padilla, 16-15895, challenges a decision by the Secretary of State that the Independent Party cannot become a political body because its name is so similar to the American Independent Party, which is already on the ballot. The Independent Party’s opening brief was filed on August 25, 2016.











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