Tea Party-backed candidate loses high court appeal over ballot signatures

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http://politicalticker.blogs.cnn.com/2010/10/01/tea-party-backed-candidate-loses-high-court-appeal-over-ballot-signatures/

The Supreme Court on Friday turned aside an appeal from an independent congressional candidate affiliated with the conservative Tea Party movement, who demanded Virginia election officials accept signatures on petitions to place his name on the ballot.

Herb Lux of Rapphannock, Virginia, had filed an emergency appeal with Chief Justice John Roberts, arguing that, less than six week before Election Day, he needs a final ruling on whether his name can appear alongside other office-seekers.

At issue is a state law requiring congressional candidates to obtain a minimum number of signatures before appearing on the ballot. The twist is that most of Lux's signatures were invalidated because he himself witnessed them. Normally that is not a problem, but state law says only a resident of the congressional district can collect such nominating petitions himself.

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In a three-page order, Roberts said Lux failed to justify he had enough of a case to be granted an injunction. "It cannot be said that his right to relief is indisputably clear," Roberts wrote. "The application for an injunction is denied."