On November 7, a California Superior Court Judge heard De La Fuente v Padilla. The hearing lasted an hour. The judge declined to order the state to list Rocky De La Fuente as a declared write-in candidate. California polls include a list of all the declared write-in candidates, which any voter may see if the voter is voting at the polls. The state argued that at this late date it would be impossible to re-issue the list.
Further court action may occur after the election, to order election officials to count write-ins for De La Fuente.
De La Fuente wasn’t put on the write-in list because, two weeks after he submitted his electors, the state informed him that some of the addresses of his presidential elector candidates on the declaration of candidacy forms are different than the addresses at which they are registered to vote. There is no law, regulation, or instruction, saying that the addresses must match.
It is absurd for the state of California to prevent De La Fuente supporters from having their votes counted for such trivial reasons, especially when there is a bigger flaw with the Republican list. One of the Republican candidates for elector is ineligible under Article II of the U.S. Constitution, and the Republican Party did not submit any alternates. Also, the Secretary of State accepted nine presidential elector candidates from the American Independent Party who do not live in California. Finally, the Secretary of State accepted 108 presidential elector candidates for Donald Trump, even though California only has 55 electoral votes. So if Trump carried California, no one would know which electors had been elected.
Posted on November 7, 2016 by Richard Winger