De La Fuentev.Kemp
Roque De La Fuente sought to appear on Georgia’s 2016 general-election ballot as an independent candidate for President of the United States. He submitted a nomination petition and notices of candidacy, but the Secretary of State rejected the notices as untimely and rejected the petition after the counties verified only 2,964 signatures, below the required threshold. De La Fuente filed a state-court action seeking mandamus, declaratory, and injunctive relief, arguing that the Secretary had a duty to independently verify the signatures and place his name on the ballot. The superior court dismissed the action. The Supreme Court of Georgia affirmed. The Election Code required an independent candidate to file a timely notice of candidacy before becoming eligible for ballot placement, and the Secretary had no legal duty to examine the petition or provide the requested ballot access when that prerequisite was absent. Because De La Fuente could not obtain the ultimate relief he sought under the undisputed filing history, the dismissal was proper. All the Justices concurred.
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