BUFFALO, N.Y. (WIVB) – If you can’t wait for the dirty, nasty, knock-down-drag-out presidential race to wrap up next Tuesday, a Buffalo woman is trying to prolong the agony even further. Louise Nolley is asking for an injunction to delay the presidential vote indefinitely, charging the top candidates lack the qualifications to lead the country.
The Riverside grandmother, who has been trained as a paralegal, filed a motion in U.S. District Court in Buffalo, Tuesday, asking a federal judge to intervene. The defendants in her civil action are Democrat Hillary Clinton and Republican Donald Trump.
Nolley concedes, Clinton and Trump fulfill the legal qualifications to be president—they are American born citizens of the United States, and they are at least 35 years old. But Nolley is convinced they are not up to the task, “Both of them, I think they are going to lead us down a narrow path, instead of leading us up to make it better.”
In the same 5 page motion, however, Louise states she would like President Obama to remain in the White House, even though that would violate the 22nd Amendment of the U.S. Constitution, which prohibits a president serving more than two terms in office.
Nolley has overcome great odds in her personal life: she has been HIV positive since 1985, is a recovering heroin addict, and an ex-felon–serving time in both federal and state prisons. So she believes she can succeed with her motion.
“It is going in front of the magistrate judge over at federal court, and I know he is going to go by the law. The law says he can postpone this election. That is what an injunction is for, to stop what is happening.”
But because Nolley only names Clinton and Trump in her lawsuit, the other candidates, such as Green Party candidate Jill Stein, and Gary Johnson of the Libertarian Party, could stay on the ballot. Others with lesser qualifications could be write-in candidates.
Nolley’s motion has been received, filed, has a case number, and has been assigned a judge, but if she actually gets a hearing on her petition, it will likely be sometime after Tuesday’s election, making it a moot point.