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
Ritchie v. Polis
Closed
Ritchie v. Polis, No. 2020CV31708 (Colo. Dist. Ct., Denver) |
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| Case Summary | On May 15, 2020, the Governor issued an executive order to temporarily suspend requirements that govern ballot issue petitions to minimize the risks of COVID-19. The Order suspends certain provisions from Title 1, Article 40 of the Colorado Revised Statutes, including one that requires a petition circulator to be in the physical presence of the an elector when signing. Plaintiffs, representing pro-business interests, filed the complaint to enjoin the Governor from suspending these requirements. | |
| Filed | 05/18/2020 | |
| State | Colorado | |
| Type of Court | State | |
| Status | Closed | |
| Last Updated | 09/01/2020 | |
| Issue Tag(s) | Petition Signature Requirement (Witness/Notary) | |
| Complaint(s) | 05/18/2020: Complaint filed. | |
| Dispositive Ruling(s) | 05/27/2020: Order/Ruling, The Court denied Plaintiffs’ Motion for TRO because the Governor had the authority to suspend regulatory statutes, including Article 40. Under the governing Rathke factors, the Court found that Plaintiffs failed to show a reasonable probability of success on the merits nor actual injury. The Court also found that enjoining the Governor’s Executive Order would be contrary to the public interest and the balance of equities. Notably, the Court cited Griswold v. Warren, another recent COVID-19 elections case. | |
Ritchie v. Polis, No. 20CA983 (Colo. Ct. App.) |
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| Case Summary | On May 15, 2020, the Governor issued an executive order to temporarily suspend requirements that govern ballot issue petitions to minimize the risks of COVID-19. The Order suspends certain provisions from Title 1, Article 40 of the Colorado Revised Statutes, including one that requires a petition circulator to be in the physical presence of the an elector when signing. Plaintiffs, representing pro-business interests, filed the complaint to enjoin the Governor from suspending these requirements. | |
| Filed | 06/01/2020 | |
| State | Colorado | |
| Type of Court | State | |
| Status | Closed (The plaintiffs in this case questioned the constitutionality of an emergency executive order filed by Governer Jared Polis to be instituted by the Secretary of State Jena Griswold that changed the signature requirement for petitions on the ballot during the COVID-19 pandemic. District Court denied plaintiff's motion for TRO and relief under C.R.C.P. 57 (5/27/22). The plaintiffs appealed the case en banc to the Colorado Supreme Court. The Colorado Supreme Court reversed the decision of the District Court (7/1/22), ruling in favor of the plaintiffs. The court found that the Colorado Disaster Emergency Act does not give Governer Polis the authority to suspend constitutional provisions. As stated in Article V, Section 1(6) of the Colorado Constitution ballot initiative petitions must be signed in the presence of the petition circulator. Judgement is reversed, case closed.) | |
| Last Updated | 09/01/2020 | |
| Issue Tag(s) | Petition Signature Requirement (Witness/Notary) | |
Ritchie v. Polis, No. 20SC453 (Colo. Sup. Ct.) |
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| Case Summary | On May 15, 2020, the Governor issued an executive order to temporarily suspend requirements that govern ballot issue petitions to minimize the risks of COVID-19. The Order suspends certain provisions from Title 1, Article 40 of the Colorado Revised Statutes, including one that requires a petition circulator to be in the physical presence of the an elector when signing. Plaintiffs, representing pro-business interests, filed the complaint to enjoin the Governor from suspending these requirements. | |
| Filed | 06/01/2020 | |
| State | Colorado | |
| Type of Court | State | |
| Status | Closed () | |
| Last Updated | 09/01/2020 | |
| Issue Tag(s) | Petition Signature Requirement (Witness/Notary) | |
| Complaint(s) | 05/27/2020: Order/Ruling, The Court denied Plaintiffs’ Motion for TRO because the Governor had the authority to suspend regulatory statutes, including Article 40. Under the governing Rathke factors, the Court found that Plaintiffs failed to show a reasonable probability of success on the merits nor actual injury. The Court also found that enjoining the Governor’s Executive Order would be contrary to the public interest and the balance of equities. Notably, the Court cited Griswold v. Warren, another recent COVID-19 elections case. filed. | |
| Dispositive Ruling(s) | 07/01/2020: Order/Ruling, The Colorado Supreme Court reversed the judgment of the lower court. The Court found that under Article V, Section 1 of the Colorado Constitution, ballot initiative petitions must be signed in the presence of the petition circulator. Thus, the Governor does not have the authority to suspend the requirement by Executive Order. | |
