Here's the latest from Donofrio's site,
Natural Born Citizen.
According to Donofrio, he's awaiting confirmation that his stay application has
been accepted in lieu of a more formal full petition for certiorari. I guess when a stay is "Distributed for Conference", it's usually
reserved for full petitions of certiorari.
Donofrio's
case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the "national election" pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.
His case went all the way through the NJ Supreme Court and was denied. So he filed an emergency stay application with Justice Souter, US Supreme Court. After some wrangling with Souter's clerk, it was finlly denied on Nov. 6, after the election was over. At this point, he was able to renew the stay with a justice of his choosing. He chose Justice Thomas. Now it's been "Distributed for Conference".
Since the election is over, I'm not sure how an emergency stay would work. However, the electoral college has not met, so I guess the election is essentially still in play. Interesting.