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
Fair Maps Nevada v. Cegavske
Closed. Settled and/or Withdrawn (1. Defendants, their officers, agents, and employees are enjoined from disqualifying the Initiative for inclusion on the November 22 ballot for Plaintiffs’ failure to submit the Initiative for verification no later than June 24, 22. 2. Notwithstanding the June 24, 22 verification submission deadline established in the law, the Initiative may be submitted up to 9:3 a.m. on Monday, August 3, 22. 3. Any deadlines or governmental actions that flow from NRS 295.56(3) or related statutes, regulations or rules shall flow from Monday, August 3, 22 instead of June 24, 22. 4. Defendants agree that under this consent decree they will have adequate time to perform all of their legal duties with respect to the Initiative, including the verification of signatures and the printing of ballots, regardless of whether the November 22 general election is held as a traditional election or held as a primarily all-mail election as was the June 22 primary election. 5. If the Initiative is submitted in accordance with applicable Nevada law, subject to the terms of this consent decree, no later than 9:3 a.m. on Monday, August 3, 22, Defendants shall undertake the signature verification process as required by law. If the Initiative is verified and therefore deemed sufficient for inclusion on the November 22 ballot and the Initiative satisfies all other requirements of Nevada law for inclusion on the November 22 ballot, it shall be so included on the ballot. 6. Effective as of the date of the Court’s order below, Plaintiffs’ Complaint (ECF 1) shall be dismissed without prejudice, with each party to bear its own costs and fees.)
Fair Maps Nevada v. Cegavske, No. 3:20-cv-00271 (D. Nev.), 2020 WL 2798018 |
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| Case Summary | Plaintiff political action committee, along with individual plaintiffs, sought to place an initiative on the Nevada November 2020 ballot that would amend Nevada’s State Constitution to create an independent redistricting commission in an effort to combat partisan gerrymandering. In light of COVID-19 and related stay-at-home orders, Plaintiffs asked the Nevada Secretary of State for an extension of the statutory deadline to submit the required signatures in support of their initiative and a waiver of certain in-person requirements regarding the collection of signatures. The Secretary refused, explaining that she had no authority under the applicable statutes to grant their request. This lawsuit followed, and Plaintiffs moved the Court for a preliminary injunction. After the Court found that the Plaintiffs were likely to prevail on the merits of their as applied challenge to the statutory provision setting the deadline (but not the in-person requirements), the parties agreed in a consent decree to extend the deadline to submit the required signatures from June 24, 2020 to August 3, 2020. | |
| Filed | 05/06/2020 | |
| State | Nevada | |
| Type of Court | Federal | |
| Circuit | Ninth Circuit | |
| Status | Closed. Settled and/or Withdrawn (1. Defendants, their officers, agents, and employees are enjoined from disqualifying the Initiative for inclusion on the November 22 ballot for Plaintiffs’ failure to submit the Initiative for verification no later than June 24, 22. 2. Notwithstanding the June 24, 22 verification submission deadline established in the law, the Initiative may be submitted up to 9:3 a.m. on Monday, August 3, 22. 3. Any deadlines or governmental actions that flow from NRS 295.56(3) or related statutes, regulations or rules shall flow from Monday, August 3, 22 instead of June 24, 22. 4. Defendants agree that under this consent decree they will have adequate time to perform all of their legal duties with respect to the Initiative, including the verification of signatures and the printing of ballots, regardless of whether the November 22 general election is held as a traditional election or held as a primarily all-mail election as was the June 22 primary election. 5. If the Initiative is submitted in accordance with applicable Nevada law, subject to the terms of this consent decree, no later than 9:3 a.m. on Monday, August 3, 22, Defendants shall undertake the signature verification process as required by law. If the Initiative is verified and therefore deemed sufficient for inclusion on the November 22 ballot and the Initiative satisfies all other requirements of Nevada law for inclusion on the November 22 ballot, it shall be so included on the ballot. 6. Effective as of the date of the Court’s order below, Plaintiffs’ Complaint (ECF 1) shall be dismissed without prejudice, with each party to bear its own costs and fees.) | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Petition Signature Requirement (Deadline/Time to Collect, E-signatures, Other Petition Signature Requirement Issue) Other Petition Signature - In-Person Collection Requirement |
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| Complaint(s) | 05/06/2020: Complaint filed. | |
| Dispositive Ruling(s) | 05/29/2020: Order/Ruling, Preliminary Injunction: Plaintiffs moved the Court for a preliminary injunction, asking the Court to compel the Secretary to extend the deadline and waive the in-person requirements. The Court found that Plaintiffs had shown they were likely to prevail on the merits of their as applied challenge as to the statutory provision setting the deadline, but not the in-person requirements. The Court granted the motion in part and denied it in part. | |
| 06/09/2020: Order/Ruling, Consent Decree: Plaintiffs and Defendants agreed, pursuant to the Court’s instruction to work together to identify a reasonable accommodation to preserve Plaintiffs’ constitutional rights, that the deadline for submitting signatures would be extended from June 24, 2020 to August 3, 2020. | ||
