Posted at Ballot Access News
On November 13, Alan Keyes and his vice-presidential running mate in California, Reverend Wiley Drake, and other members of the American Independent Party, filed a new lawsuit over Barack Obama’s eligibility to be president. Keyes v Bowen, Superior Court, Sacramento, 34-2008-80000096-cu-wm-gds.
Unlike other lawsuits about the eligibility of either John McCain or Obama to serve as president, this case has a presidential candidate plaintiff. All the other cases have been dismissed because the plaintiffs were said to lack standing. This is the first case with a presidential candidate-plaintiff.
In Fulani v Hogsett, in 1990, the 7th circuit ruled that presidential candidates do have standing to challenge the ballot placement of other presidential candidates. However, that case involved the issue of which presidential candidates’ names should be printed on a ballot. That is different than the new Keyes case, because the November election is over, and no one argues that the individual presidential elector candidates themselves are not eligible. The lawsuit asks that the California Secretary of State not certify the election returns for president until the plaintiffs receive the evidence they seek about the factual dispute.
Electors chosen on November 4 will convene in state capitols on December 15 to choose the president and vice-president.