Distinguished Professor Emeritus William P. Kreml is one of a small number of political science and history professors who have participated in Amicus Curiae briefs for the U. S. Supreme Court on the matter of ballot access. ROQUE DE LA FUENTE, AKA ROCKY v. ALEX PADILLA, California Secretary of State et al, No 19-524, is a case in which Mr. De La Fuente is appealing a Ninth Circuit unfavorable ruling on his ballot access attempt. The Amici "wish to bring to the Court's attention the extensive political and legal history amongst the various states leading to highly inconsistent results, confusion, ballot exclusion, and undue burdens on independent candidates." Their argument cited Storer v Brown 415 US 724 (1974) which asked "could a reasonably diligent independent candidate be expected to satisfy the signature requirement, or will it be only rarely that the unaffiliated candidate will succeed in getting on the ballot?" The Amici argued that the Ninth Circuit "seemed to merge minor party candidates with independent candidates, when it considered the usage test, which is contrary to this Court's teaching inStorer v Brown...." Amici argued that independent candidates and minor party candidates are "entirely different." Amici also argued that the "Ninth Circuit implications that California has lenient procedures for minor parties is factually incorrect," citing California's keeping of third and fourth party candidates off the ballot in 1912, 1920, 1928,1932,1936,1944,1948,1956, 1960, 1964, 1968,1972,1976, 1984 and 2004. These candidates included incumbent president W. H. Taft in 1912, Robert LaFollette in 1924, Norman Thomas in 1944, Eugene McCarthy in 1976 and other significant figures. After arguing that certiorari should be granted in this case, Amici argued on the merits that "THE NINTH CIRCUIT ERRONEOUSLY STATED THAT BECAUSE MINOR PARTY PRESIDENTIAL CANDIDATES HAVE APPEARED ON THE CALIFORNIA BALLOT, THEREFORE IT IS NOT SIGNFICANT THAT NO INDEPENDENT PRESIDENTIAL CANDIDATE HAS QUALIFIED SINCE 1992."
Department of Political Science
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- William P. Kreml participates in U.S. Supreme Court Amicus Curiae briefs