Rocky De La Fuente Sues California Secretary of State for Refusing his Write-in Declaration of Candidacy

Ballot Access News:

On November 4, Rocky De La Fuente, an independent presidential candidate who is on the ballot in 20 states, filed a lawsuit in California state court against the Secretary of State, who rejected his write-in filing on the grounds that a few of his presidential elector candidates are not registered at the address they listed on their declarations.

Here is the 17-page brief. The brief notes that the California Secretary of State permitted the Republican Party to submit a presidential elector candidate who is barred by Article II of the U.S. Constitution.

The exhibits attached to the brief show that the San Diego County Registrar of Voters approved all of De La Fuente’s elector candidates (they all live in San Diego County) weeks before the deadline. The last exhibit, #8, also shows the Republican presidential elector list. De La Fuente’s attorney did not mention the point that the Secretary of State accepted the American Independent Party electors, and nine of them don’t live in California. Nor did De La Fuente’s attorney mention the point that the Secretary of State accepted 108 different presidential elector candidates pledged to Donald Trump, even though California only has 55 electoral votes and there will be no way to know the vote totals for any of the Trump electors, because the ballot does not give Trump voters a chance to indicate whether that voter is voting for the Republican electors or the AIP electors, who are mostly different individuals.

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