Filed Date: June 29, 2020
Closed Date: Oct. 2, 2020
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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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17305244/parties/de-la-fuente-v-hobbs/
Liburdi, Michael Thomas (Arizona)
Scudi, Morgan J. C. (California)
See docket on RECAP: https://www.courtlistener.com/docket/17305244/de-la-fuente-v-hobbs/
Last updated July 11, 2023, 11 p.m.
State / Territory: Arizona
Case Type(s):
Special Collection(s):
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):
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:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
Voting: