Posted on December 9, 2016 by Richard Winger
On December 9, some leaders of the American Independent Party, and independent presidential candidate Rocky De La Fuente, filed a lawsuit in state court in Sacramento, charging that the Secretary of State broke several election laws, and asking for a court order that in the future, he and his successors follow the election laws. De La Fuente v Padilla, Superior Court, Sacramento.
Rocky De La Fuente asks for an order that in the future, write-in presidential candidates not be rejected just because some of their presidential elector candidates list addresses on their declaration of candidacy forms that are different than the registration addresses.
Leaders of the American Independent Party ask for an order that, in the future, Secretaries of State not accept presidential elector candidates who do not meet the constitutional qualifications to serve as presidential electors. The Complaint charges that the Secretary of State accepted a Republican presidential elector who holds an office of trust or profit with the United States.
Section 7300 of the California election code specifies that certain particular Republican “nominees” will always become Republican presidential electors (for example, the Republican nominees for Governor, Lieutenant Governor, Treasurer, Controller, Attorney General, and Secretary of State), and that this law was ignored. Of course, the law is obsolete, because no party any longer has nominees for those offices.
The complaint and the papers to be filed in the future will attempt to show that the Republican Party was late with its list of electors. The lawsuit argues that in the future, the deadline must be enforced.
The AIP also asks that future ballots tell the voters that they are voting for presidential electors, not just for president and vice-president. The Complaint points out that Sacramento County ballots did tell the voters that they are voting for presidential electors, but no other counties did that.
The AIP argues that it was illegal for the ballots in many counties to list abbreviate the party’s name as simply “AI”.
Here is the Complaint.