Roque De La Fuente, aka Rocky v. Alex Padilla, California Secretary of State, et al.
DueProcess FirstAmendment
When evidence is adduced that signature collection requirements to secure ballot access for independent presidential candidates exceed what is necessary to protect a state's compelling interest against ballot clutter and voter confusion, can excessive signature requirements outweigh the national interest in presidential elections and evade constitutional review absent a full analysis of each prong of this Court's Anderson-Burdick framework to evaluate the constitutionality of ballot access restrictions?
QUESTION PRESENTED This Court has long recognized that States may require an independent presidential candidate to collect a sufficient number of signatures on election petitions to demonstrate that the candidate has a “modicum of support” in the community to secure ballot access to protect a State’s legitimate interest in preventing ballot clutter and the resulting threat of voter confusion. This case presents the following question: When evidence is adduced that signature collection requirements to secure ballot access for independent presidential candidates exceed what is necessary to protect a state’s compelling interest against ballot clutter and voter confusion, can excessive signature requirements outweigh the national interest in presidential elections and evade constitutional review absent a full analysis of each prong of this Court’s Anderson-Burdick framework to evaluate the constitutionality of ballot access restrictions?