Case: De La Fuente v. Hobbs

2:20-cv-01276 | U.S. District Court for the District of Arizona

Filed Date: June 29, 2020

Closed Date: Oct. 2, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Initially tracked by the Stanford/MIT Healthy Elections Project, this lawsuit was filed on June 29, 2020 by the Alliance Party its nominee for the 2020 Presidential Election, seeking modifications of Arizona's signature requirements for third-party candidates in light of COVID-19. The case was voluntarily dismissed by the plaintiffs on October 2, 2020.  The Alliance Party, a national political party, and their 2020 presidential nominee, Roque "Rocky" De La Fuente, filed this …

COVID-19 Summary: Initially tracked by the Stanford/MIT Healthy Elections Project, this lawsuit was filed on June 29, 2020 by the Alliance Party its nominee for the 2020 Presidential Election, seeking modifications of Arizona's signature requirements for third-party candidates in light of COVID-19. The case was voluntarily dismissed by the plaintiffs on October 2, 2020. 


The Alliance Party, a national political party, and their 2020 presidential nominee, Roque "Rocky" De La Fuente, filed this case in the United States District Court for the District of Arizona on June 29, 2020, seeking to modify Arizona's signature collection and witnessing requirements for independent and third-party presidential candidates. The plaintiffs sued the Secretary of State of Arizona under the First and Fourteenth Amendments of the U.S. Constitution for declaratory and injunctive relief regarding the state's signature requirement in light of the COVID-19 pandemic and the state's restrictions on non-essential activities. The plaintiffs alleged in their complaint that, based on Arizona's ballot measures, the Alliance Party would need to collect 39,039 signatures to secure access to the 2020 general election ballot for president and vice president. While an electronic signature system is available in Arizona, plaintiffs argued that it would be impossible to communicate with voters without in-person contact. The plaintiffs also alleged that the Governor of Arizona's March 30 stay-at-home order, which was not lifted until May 12, prevented them from collecting signature's in-person by limiting in-person activities to essential functions. In addition, the plaintiffs argued that the signature ballot put their own petition circulators at risk of contracting COVID-19. The plaintiffs contended that the state's signature collection requirement, combined with COVID-19 restrictions and dangers, impaired their rights under the First and Fourteenth Amendments. They claimed that the signature requirement was not narrowly tailored to advance a compelling governmental interest during the pandemic and that the plaintiffs would suffer irreparable injury unless the requirement was lifted. The plaintiffs sought preliminary and permanent injunctive relief prohibiting the defendant from strict enforcement of the state's signature requirements. As an alternative to the current signature requirement, plaintiffs requested a lowered signature requirement of 3,904 or a filing fee of $5,000. The plaintiffs also sought a declaration that the signature requirements are unlawful as imposed against independent and third-party candidates during a public health emergency under the First and Fourteenth Amendments. The case was assigned to Judge Michael T. Liburdi. On October 2, 2020, the plaintiffs voluntarily dismissed their action. The case is now closed.

Summary Authors

Nicholas Gillan (4/2/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17305244/parties/de-la-fuente-v-hobbs/


Judge(s)

Liburdi, Michael Thomas None (Arizona)

Attorneys(s) for Plaintiff

Scudi, Morgan J. C. (California)

Judge(s)

Liburdi, Michael Thomas None (Arizona)

Attorneys(s) for Plaintiff

Scudi, Morgan J. C. (California)

Documents in the Clearinghouse

Document

2:20-cv-01276

Docket [PACER]

Oct. 2, 2020

Oct. 2, 2020

Docket
1

2:20-cv-01276

Civil Complaint for Declaratory and Injunctive Relief

June 29, 2020

June 29, 2020

Complaint
9

2:20-cv-01276

Order

Oct. 2, 2020

Oct. 2, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17305244/de-la-fuente-v-hobbs/

Last updated Sept. 2, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL COMPLAINT FOR DECLARATORY AND INJUNCTIVE (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-18425468 filed by Roque De La Fuente, Alliance Party. (Scudi, Morgan) (Attachments: # 1 Civil Cover Sheet)(MCO) (Entered: 06/29/2020)

1 Civil Cover Sheet

View on PACER

June 29, 2020

June 29, 2020

PACER
2

SUMMONS Submitted by Alliance Party, Roque De La Fuente. (Scudi, Morgan) (MCO) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
3

Filing fee paid, receipt number 0970-18425468. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-20-1276-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
4

NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Alliance Party, Roque De La Fuente. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
5

Summons Issued as to Katie Hobbs. (MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
6

ORDER (text only): The Court having reviewed the Civil Complaint for Declaratory and Injunctive Relief (Doc. 1 ), IT IS ORDERED that the Court will take no action on the injunctive relief sought in the complaint unless an appropriate motion under Fed. R. Civ. P. 65 is filed. Ordered by Judge Michael T. Liburdi on 6/29/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER

Notice of Deficiency (Text Only)

June 29, 2020

June 29, 2020

PACER

Order

June 29, 2020

June 29, 2020

PACER
7

ORDER TO SHOW CAUSE: An Affidavit of Service having not been filed, IT IS ORDERED that Plaintiffs shall show cause on or before 10/6/2020 why this case should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Failure to show cause by that date may result in dismissal of this case without further notice to Plaintiffs. Signed by Judge Michael T. Liburdi on 9/29/2020. (RMW) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
8

NOTICE of Voluntary Dismissal by Alliance Party, Roque De La Fuente. (Scudi, Morgan) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
9

ORDER granting the Notice of Dismissal of Action Without Prejudice (Doc. 8 ) and dismissing this action, without prejudice, in its entirety. IT IS FURTHER ORDERED that the Clerk of the Court shall close this case. Signed by Judge Michael T. Liburdi on 10/2/2020. (RMW) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: June 29, 2020

Closing Date: Oct. 2, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Alliance Party and the Alliance Party's Presidential Nominee for the 2020 Presidential Election

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Arizona (Phoenix, Maricopa), State

Secretary of State of Arizona, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Candidate qualifications