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
Luciani v. Virginia State Board of Elections
Closed
Luciani v. Virginia State Board of Elections, No. 7:20-cv-00401 (W.D. Va.) |
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| Case Summary | Independent candidate for House of Representatives brought a claim against the Virginia Department of Elections and State Board of Elections seeking declaratory judgment and injunctive relief pertaining to Virginia signature requirements to appear on ballot in light of hardship caused by COVID and related State Emergency Orders. Specifically, candidate sought similar relief to what was granted in an unrelated Eastern District of Virginia case that would permit candidate to collect only 35% of required petition signatures and extend the deadline for petition signatures. Plaintiff stated that without relief, enforcement of existing requirements in light of COVID and related Emergency Orders violated plaintiff’s First and Fourteenth Amendment rights and gave rise to a claim under 42 U.S.C. § 1983 and would make it “impossible” for third party and independents to get on the ballot. | |
| Filed | 07/13/2020 | |
| State | Virginia | |
| Type of Court | Federal | |
| Circuit | Fourth Circuit | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Petition Signature Requirement (Threshold Number, Deadline/Time to Collect) | |
| Complaint(s) | 07/13/2020: Complaint filed. | |
| Dispositive Ruling(s) | 07/30/2020: Order/Ruling, Court partially enjoined Virginia's signature requirements. It granted Luciani, and independent candidate for the U.S. House, an extension for signature collection to Aug. 1 and a reduction to 35% of the stautory signature requirement | |
| 10/16/2020: Order/Ruling, Because plaintiff failed to respond to the defendant's motion to dismiss by the stated deadline, the District Court dismisses this case. | ||
Luciani v. Virginia State Board of Elections, No. 20-1866 (4th Cir.) |
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| Case Summary | Appellant seeks review of District Court decision. Luciani seeks an order further extending the signature collection deadline to August 21, 2020. | |
| Filed | 08/07/2020 | |
| State | Virginia | |
| Type of Court | Federal | |
| Circuit | Fourth Circuit | |
| Status | Closed | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Petition Signature Requirement (Threshold Number, Deadline/Time to Collect) | |
| Dispositive Ruling(s) | 09/26/2020: Other, Fourth Circuit, in a short per curiam decision, affirmed the District Court ruling. | |
