Filed Date: April 9, 2020
Closed Date: April 17, 2020
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On April 9, 2020, candidates for the US Senate, the US Congress, and state government filed this emergency petition for relief on behalf of themselves on others similarly situated in the Massachusetts Supreme Court. The plaintiffs sued the Massachusetts Secretary of the Commonwealth, alleging that the in-person signature requirements violated the Article 9 of the Massachusetts Declaration of Rights and the First and Fourteenth Amendments of the US Constitution. The plaintiffs, represented by private counsel, sought declaratory relief in the form of a waiver of the in-person signature requirements, or substantial modification to the requirements to make it easier for candidates to appear on the ballot.
The plaintiffs stated that both the Massachusetts and US Constitutions recognize two fundamental rights at issue here: the right of candidates to participate equally in the electoral process and the right of voters to cast their ballot as they see fit. The plaintiffs had roughly a month to collect signatures prior to stay-at-home recommendations being issued by health officials. While the plaintiffs collected signatures during this time, they were not able to meet the required number. The petitioners argued that the in-person signature requirements impose severe burdens on these two fundamental rights, and that these burdens do not pass strict scrutiny. They argued that the state's interest could be achieved through more narrowly-tailored means that protect Massachusetts' citizens' lives. The plaintiffs alleged that, even if the rational basis test were to be used, the statute does not bear a real or substantial relation to the general welfare given the public health crisis.
On April 17, Judge Gants of the Massachusetts Supreme Court issued a ruling. Judge Gants found that the minimum signature requirements were unconstitutional given in the limited context of the COVID-19 pandemic. He ordered that the number of required signatures for each candidate be cut in half, and also ordered that signatures could be collected electronically. Voters could download the nomination papers, sign the form digitally, then return the form electronically. Judge Gants also ordered that the deadline for candidates running for State district and county officers be extended.
The case is now closed.
Summary Authors
Justin Hill (6/28/2020)
Budd, Kimberley S. (Massachusetts)
Cypher, Elspeth B (Massachusetts)
Gants, Ralph D (Massachusetts)
Gaziano, Frank M (Massachusetts)
Bean, Thomas O. (Massachusetts)
Last updated Aug. 30, 2023, 1:45 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 9, 2020
Closing Date: April 17, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Four Massachusetts political candidates.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Secretary of the Commonwealth, State
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Special Case Type(s):
Appellate Court is initial court
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Voting: