Rocky De La Fuente Lawsuit Against Arizona Independent Petition Requirement Begins to Move Ahead

Ballot Access News

Arizona is one of a handful of states that requires more signatures for an independent presidential candidate, than for an entire newly-qualifying party. The only other such states are Florida, Hawaii, New Mexico, and Texas. In 2016, Arizona required 35,514 signatures for an independent presidential candidate, but 20,119 for a entire new party.

Last year, Rocky De La Fuente, an independent presidential candidates, sued Arizona, arguing that there can’t be any state interest in requiring more signatures for a single candidate than for a new party, because a new party might cause hundreds of names to be added to a general election ballot, whereas obviously an independent candidate petition only adds one name. The lawsuit, De La Fuente v Reagan, 2:16cv-2419, got a very slow start, but it is finally underway. Discovery must be completed by August 11, 2017.

De La Fuente had filed a similar lawsuit against Oklahoma, which formerly had the same characteristic, but that case was mooted when the 2017 legislature eased the independent presidential petition procedure so that it is less difficult than the new party petition requirement.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s