This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Case Details
Alberto v. City of Roanoke
Closed
Alberto v. City of Roanoke, No. CL 20000997-00 (Va. Cir. Ct., Roanoke City) |
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| Case Summary | Two potential candidates allege that they cannot reasonably meet the State Board of Elections rules to appear on the ballot. Specifically, given COVID and relevant Stay at Home orders, limitations on gatherings over 10 people and social distancing: 1) they cannot reasonably obtain the required number of signatures; and 2) they cannot reasonably individually witness each signature. Ballot restricitions severly burden the right to vote and right of association and violate the First Amendment. If the election regulation imposes a severe burden, it must survive strict scrutiny. The requirements imposed here are severe and in the absence of relief (including an extended time to file to be on the ballot) would impose a severe if not impossible burden, thereby violating the First Amendment. | |
| Filed | 06/01/2020 | |
| State | Virginia | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 03/14/2021 | |
| Issue Tag(s) | Vote-by-Mail (Other Vote-by-Mail Issue) In-Person Voting COVID Concern (Other In-Person Voting Issue) Candidate Signature Requirement (Threshold Number, Witness/Notary ) |
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| Complaint(s) | 06/01/2020: Complaint filed. | |
| Dispositive Ruling(s) | 06/04/2020: Order/Ruling, PI Granted. Court Order grants injunctive relief sought, recognizing realities of the pandemic and accepting lower signature threshhold, extending filing deadline to appear on the ballot and also noting that the requirement that the "petition circulators swear they personally observed each person signing the petition..." constitute an impermissible burden on the Plaintiffs' first amendment rights. | |
| 06/04/2020: Order/Ruling, The Court granted Plaintiff's motion for a preliminary injunction, enjoining the enforcement of the petition signature thresholds required for a canidate to attain access to the ballot in the November 2020 election, and orders canidates to submit petitions with at least 50 qualified registered voters (as opposed to the original 125 signatures). The Court further enjoined the enforcement of the filing deadline from June 9, 2020 to June 23, 2020. | ||
| 06/04/2020: Order/Ruling, The Court granted Plaintiff's motion for a preliminary injunction, enjoining the enforcement of the petition signature thresholds required for a canidate to attain access to the ballot in the November 2020 election, and orders canidates to submit petitions with at least 50 qualified registered voters (as opposed to the original 125 signatures). The Court further enjoined the enforcement of the filing deadline from June 9, 2020 to June 23, 2020. | ||
