De La Fuente v. Padilla

The Ninth Circuit affirmed the district court's dismissal of an action brought by independent presidential candidate Roque De La Fuente challenging two California ballot access laws, Cal. Elec. Code 8400, 8403. These Ballot Access Laws require independent candidates to collect signatures from one percent of California's registered voters to appear on a statewide ballot.The panel held that De La Fuente had standing because he suffered a concrete injury that was not merely speculative. On the merits, the panel held that California's overall scheme did not significantly impair ballot access. Rather, the laws were generally applicable, even-handed, politically neutral, and aimed at protecting the reliability and integrity of the election process. The panel also held that the Ballot Access Laws reasonably relate to California's important regulatory interests in managing its democratic process and are proportionate to California's large voter population. View "De La Fuente v. Padilla" on Justia Law