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
Reclaim Idaho v. Little
Closed
Reclaim Idaho v. Little, No. 1:20-cv-00268 (D. Idaho), 2020 WL 3490216 |
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| Case Summary | Reclaim Idaho, a political action committee, is seeking a preliminary injunction in relation to its “Invest in Idaho” educational funding initiative. Under Idaho law, petitioners must meet certain deadlines and requirements, including an 18-month window to collect over 55,000 statewide signatures, for an initiative to appear on the next ballot. Idaho law has also been interpreted to preclude electronic signatures for initiatives. Reclaim Idaho alleges it was on pace to meet the requirements and deadlines until the COVID-19 pandemic and state prophylactic orders prevented it from effectively gathering signatures. Consequently, plaintiff claims Idaho law now operates to deprive it of First Amendment guarantees. Reclaim seeks modification of Idaho’s in person signature collection requirements and the deadlines for gathering and presentation of collected signatures in light of stay-at-home orders. | |
| Filed | 06/06/2020 | |
| State | Idaho | |
| Type of Court | Federal | |
| Circuit | Ninth Circuit | |
| Status | Closed () | |
| Last Updated | 11/19/2020 | |
| Issue Tag(s) | Petition Signature Requirement (Deadline/Time to Collect, E-signatures) | |
| Complaint(s) | 06/06/2020: Complaint filed. | |
| Dispositive Ruling(s) | 06/26/2020: Order/Ruling, The court first held that Reclaim Idaho had standing to seek this preliminary injunction. Next, applying a test promulgated in Angle v. Miller, 673 F.3d 1122, 1132 (9th Cir. 2012), the court found that Reclaim Idaho was likely to succeed in showing that Idaho’s refusal to make reasonable accommodations amounts to an unconstitutional burden on First Amendment rights. The court also found potential for irreparable harm to Reclaim Idaho and that the balance of the equities and the public interest also weighed in favor of a preliminary injunction. As a remedy, the court gave Idaho the option of placing the initiative on the ballot or allowing Reclaim Idaho an additional 48 days to gather signatures through online platforms. | |
| 06/30/2020: Order/Ruling, Idaho sought a stay of the court’s preliminary injunction pending its appeal to the Ninth Circuit. The court denied that motion. Idaho then refused to choose from the remedial options the court offered in its preliminary injunction. In this motion to enforce, the court ordered Idaho to implement online solicitation and acceptance of signatures in the initiative process. Along the way, the court expressed approval of using DocuSign technology for verification. | ||
| 12/11/2020: Other, The District Court dismissed the case without prejudice. | ||
Reclaim Idaho v. Little, No. 20-35584 (9th Cir.) |
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| Case Summary | Reclaim Idaho, a political action committee, is seeking a preliminary injunction in relation to its “Invest in Idaho” educational funding initiative. Under Idaho law, petitioners must meet certain deadlines and requirements, including an 18-month window to collect over 55,000 statewide signatures, for an initiative to appear on the next ballot. Idaho law has also been interpreted to preclude electronic signatures for initiatives. Reclaim Idaho alleges it was on pace to meet the requirements and deadlines until the COVID-19 pandemic and state prophylactic orders prevented it from effectively gathering signatures. Consequently, plaintiff claims Idaho law now operates to deprive it of First Amendment guarantees. Reclaim seeks modification of Idaho’s in person signature collection requirements and the deadlines for gathering and presentation of collected signatures in light of stay-at-home orders. | |
| Filed | 07/01/2020 | |
| State | Idaho | |
| Type of Court | Federal | |
| Circuit | Ninth Circuit | |
| Status | Closed () | |
| Last Updated | 11/19/2020 | |
| Issue Tag(s) | Petition Signature Requirement (Deadline/Time to Collect, E-signatures) | |
| Dispositive Ruling(s) | 09/01/2020: Order/Ruling, Remanded for mootness determination. | |
