Supreme Court Report

Supreme Court of the United States · Official docket →

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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56668 · judgment July 19, 2019


Certiorari denied · December 16, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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?

Counsel of record

For petitioner
Paul Anthony Rossi
Paul A. Rossi, Esq.

For respondent
Jonathan Michael Eisenberg
AIDS Healthcare Foundation

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Dec 16 2019
    Petition DENIED.
  2. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  3. Nov 21 2019
    Brief amici curiae of Professors of Political Science and History filed.
  4. Nov 06 2019
    Waiver of right of respondent Alex Padilla, et al. to respond filed.
  5. Oct 17 2019
    Petition for a writ of certiorari filed. (Response due November 21, 2019)