The Supreme Court on Friday turned down an appeal from the Nevada Green Party, keeping the progressive party off the state’s November presidential ballot.
The justices refused to intervene and overturn the state supreme court, which ruled two weeks ago the Green Party used the wrong form when gathering signatures. There were no dissents.
Washington attorney Jay Sekulow, who represented former President Trump during his first impeachment trial, filed an emergency appeal last week on behalf of the Green Party. It urged justices to put the name of Jill Stein, the Green Party presidential candidate, on the state’s ballots.
Sekulow said the Green Party candidates had been “wrongly ripped from the ballot and Nevadans who would vote for them in this election are robbed of their opportunity to do so.” He said the state court’s decision violated the U.S. Constitution and its guarantee of due process of law.
Democrats have been worried that Stein and the Green Party could draw the support of thousands of left-leaning voters, and potentially tip the outcome in favor of Trump in states where the two major parties are closely divided.
Sekulow’s involvement in the case suggests conservatives agree.
Stein’s campaign said she will be on the ballot in Wisconsin, Michigan, Pennsylvania, Georgia and Arizona.
In June, Nevada Democrats sued and said the Green Party failed to comply with the state’s rules for minor parties seeking a spot on the ballot. While the Green Party organizers submitted nearly 30,000 signatures — far more than required — they used a form that did not require the signers to attest they were registered voters in their county.
In response, Green Party officials said they had relied on an email from a state election official that included a form for petition drives that did not require signers to attest they were registered voters.
In August, a state judge ruled against the Democrats and said the Green Party was “in substantial compliance” with the law.
But the Nevada Supreme Court disagreed in a 5-2 decision and ruled on Sept. 6 the Green Party had failed to qualify for the ballot. The majority said the disputed email was “an unfortunate mistake” but noted the state employee had directed the Green Party to the “Minor Party Qualification Guide,” which set out the required forms for gathering signatures.
Nevada’s Secretary of State Francisco V. Aguilar told the court it was too late to add the Green Party candidates.
“Mail ballots for the nearly 2 million active registered Nevada voters have already gone to print, and any changes ordered at this time would, at a minimum, require: redesign, repreparation, and re-proof across all of Nevada’s 17 counties,” he said.
With the election approaching, courts are being asked to weigh in on last-minute disputes.
Last month, the Republican National Committee urged the justices to block 40,000 Arizona voters from casting a ballot because they had registered using a federal form that did not require displaying a birth certificate or other proof of their U.S. citizenship.
They lost over the dissents of Justices Clarence Thomas, Samuel A. Alito and Neil M. Gorsuch.
But the court by a 5-4 vote said the state may require proof of citizenship from its newly registered voters.
