No. 19-524

Roque De La Fuente, aka Rocky v. Alex Padilla, California Secretary of State, et al.

Lower Court: Ninth Circuit
Docketed: 2019-10-22
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: anderson-burdick anderson-burdick-framework ballot-access ballot-clutter constitutional-review election-law independent-candidates presidential-election presidential-elections signature-requirements voter-confusion
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2019-12-13
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2019-12-16
Petition DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-21
Brief amici curiae of Professors of Political Science and History filed.
2019-11-06
Waiver of right of respondent Alex Padilla, et al. to respond filed.
2019-10-17
Petition for a writ of certiorari filed. (Response due November 21, 2019)

Attorneys

Alex Padilla, et al.
Jonathan Michael EisenbergCalifornia Department of Justice, Office of the Attorney, Respondent
Jonathan Michael EisenbergCalifornia Department of Justice, Office of the Attorney, Respondent
Professors of Political Science and History
Alicia Irene DearnBellatrix PC, Amicus
Alicia Irene DearnBellatrix PC, Amicus
Roque De La Fuente, Rocky
Paul Anthony RossiIMPG Advocates, Petitioner
Paul Anthony RossiIMPG Advocates, Petitioner