Filed Date: March 23, 2020
Case Ongoing
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COVID-19 Summary: On March 23 a Republican running for U.S. Senate sought to enjoin the defendants from enforcing the candidate signature requirement for the U.S. Senate candidates. Two days later, the court granted the motion for preliminary injunction and ordered the defendants to allow the qualification of the candidates for the 2020 primary election to be 3,500 signatures for the state of Virginia and 100 signatures in each district. Despite this, the candidate did not qualify for the primary.
On March 23, Omari Faulkner, a Republican running for the U.S. Senate and his campaign committee filed this lawsuit in Virginia state court. Represented by private attorneys, the plaintiffs sued the Virginia Department of Elections, the Virginia State Board of Elections, and the Republican Party of Virginia, seeking to enjoin the defendants from enforcing the candidate signature requirement for the U.S. Senate candidates. The normal requirement for a candidate to qualify for the primary ballot is 10,000 signatures. The plaintiffs, had been unable to obtain the necessary signatures required due to the COVID-19 emergency and lockdown and claimed that they were unlikely to be able to do so in the future before the deadline, which was March 26, 2020.
They brought the lawsuit as a declaratory and injunctive action under 42 U.S.C. § 1983 and state law. Specifically, the plaintiffs claimed that enforcing the signature requirement would be against the First and Fourteenth Amendments. They sought declaratory and permanent and preliminary injunctive relief to reduce the signature requirement down to 3500, a number which Faulkner claimed he would able to obtain.
On March 25, the court granted the plaintiff’s motion for preliminary injunction and ordered the defendants to allow the qualification of the candidates for the 2020 primary election to be 3,500 signatures for the state of Virginia and 100 signatures in each district. Despite this order, Faulkner did not qualify for the primary.
The case is ongoing.
Summary Authors
Averyn Lee (6/14/2020)
Marchant, W. Reilly (Virginia)
Lienhard, Jonathan (Virginia)
Lienhard [inactive], John P. (Virginia)
Sheehy, Shawn Toomey (Virginia)
Torchinsky, Jason Brett (Virginia)
Last updated Aug. 30, 2023, 2:46 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 23, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A Virginia Republican primary candidate and his campaign committee
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Virginia Department of Elections, State
Virginia State Board of Elections, State
The Republican Party of Virginia, Political Party
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Order Duration: 2020 - None
Issues
Voting: