Case: Alliance Party v. D.C. Board of Elections

1:20-cv-02319 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 21, 2020

Closed Date: Dec. 7, 2020

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Case Summary

This case involved the District of Columbia’s signature requirements for ballot qualification during the COVID-19 pandemic. Bill B-23-0864 lowered the signatures required for third-party presidential candidates to qualify for the D.C. ballot from 5,007 to 250. The political party Alliance Party and two third-party presidential filed this lawsuit in the U.S. District Court for the District of Columbia on August 21, 2020. They were represented by private counsel and sued the District of Columbia …

The plaintiffs alleged that they had not been given adequate notice of the signature decrease, resulting in them abandoning their effort to collect signatures because they thought it would be impossible to collect 5,0007 signatures while adhering to social distancing guidelines. The deadline for submitting petitions to appear on the ballot had passed the day before the bill was passed on August 6, 2020. Plaintiffs alleged that independent and third-party presidential candidates who ceased attempting to collect signatures to meet the 5,007 threshold had their First and Fourteenth Amendment rights violated because they could not take advantage of the signature reduction until it was too late.

Suing under 42 U.S.C. § 1983, the plaintiffs contended that their equal protection rights were violated because notice was given to other candidates, but not independent or third-party presidential candidates. The plaintiffs also alleged that their First Amendment and due process rights were violated because they had not been given timely notice to exercise their fundamental right of political speech. In addition to declaratory relief, the plaintiffs sought a temporary restraining order and/or a preliminary injunction prohibiting the defendants from enforcing the new bill, and also sought a deadline extension that would allow presidential candidates to continue gathering signatures until September 1, 2020. For future elections the plaintiffs sought a permanent injunction requiring the defendants to provide at least two-weeks notice for any changes to the signature requirement. Finally, the plaintiffs sought attorneys’ fees.

A week after filing their complaint, the plaintiffs filed an emergency motion for a temporary restraining order on August 28, 2020. They now sought to extend the filing deadline to September 8, 2020. The plaintiffs made two primary arguments. First, the defendant’s lack of notice irreparably harmed non-major party candidates by effectively denying ballot access. Second, defendant could handle the deadline extension as a single worker could certify 500 signatures within two days. The court denied this motion during a motion hearing held on September 3, 2020.

The 2020 general election was held on November 3. Two days later, the defendant filed a motion to dismiss arguing that the law at issue would not be in effect for future elections and, therefore, the case was moot. After the plaintiffs failed to respond to the motion, the court granted it on December 7, 2020.

This case is closed.

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Summary Authors

Eric Gripp (7/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17469533/parties/alliance-party-v-district-of-columbia-board-of-elections/

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Barlow, Ben S. (District of Columbia)

Barlow, Benjamin S. (District of Columbia)

Attorney for Defendant

Bluming, Micah Ian (District of Columbia)

Brown, Shani C. (District of Columbia)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Barlow, Ben S. (District of Columbia)

Barlow, Benjamin S. (District of Columbia)

Dunlap, Thomas M. (District of Columbia)

Rossi, Paul A. (Pennsylvania)

Attorney for Defendant

Bluming, Micah Ian (District of Columbia)

Brown, Shani C. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-02319	Docket [PACER] Alliance Party v. District of Columbia Board of Elections	Dec. 7, 2020	Dec. 7, 2020 Docket
1 1:20-cv-02319	Plaintiffs' Civil Complaint for Declaratory and Injunctive Relief Alliance Party v. District of Columbia Board of Elections	Aug. 21, 2020	Aug. 21, 2020 Complaint

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Resources

Title	Description		External URL Date / External URL
Alliance Party v. D.C. Bd. of Elections The Stanford-MIT Healthy Elections Project	Plaintiffs are a third party and that third party's candidate for president seek a bar to the D.C. deadline for filing election petitions. D.C. lowered its signature requirements initially for all ca…	Sept. 1, 2020	Sept. 1, 2020 https://healthyelections-case-tracker.stanford.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17469533/alliance-party-v-district-of-columbia-board-of-elections/

Last updated April 5, 2025, 10:06 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against DISTRICT OF COLUMBIA BOARD OF ELECTIONS ( Filing fee $ 400 receipt number ADCDC-7495544) filed by ALLIANCE PARTY, ROQUE DE LA FUENTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Dunlap, Thomas) (Entered: 08/21/2020) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER	Aug. 21, 2020	Aug. 21, 2020 RECAP
2	ERRATA by ALLIANCE PARTY, ROQUE DE LA FUENTE 1 Complaint, filed by ROQUE DE LA FUENTE, ALLIANCE PARTY. (Attachments: # 1 Civil Cover Sheet)(Dunlap, Thomas) (Entered: 08/26/2020)	Aug. 26, 2020	Aug. 26, 2020
	Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020
	Case Assigned to Judge James E. Boasberg. (zsb)	Aug. 27, 2020	Aug. 27, 2020
3	SUMMONS (1) Issued Electronically as to DISTRICT OF COLUMBIA BOARD OF ELECTIONS. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020
	Case Assigned/Reassigned	Aug. 27, 2020	Aug. 27, 2020
4	Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction by ALLIANCE PARTY, ROQUE DE LA FUENTE (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(Dunlap, Thomas). Added MOTION for Preliminary Injunction on 8/31/2020 (zrdj). (Entered: 08/28/2020) 1 Memorandum in Support View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Text of Proposed Order View on PACER	Aug. 28, 2020	Aug. 28, 2020
5	ENTERED IN ERROR.....CERTIFICATE OF SERVICE by ALLIANCE PARTY, ROQUE DE LA FUENTE re 3 Summons Issued Electronically, 2 Errata Complaint. (Dunlap, Thomas) Modified on 9/2/2020 (eg). (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020
6	CERTIFICATE OF SERVICE by ALLIANCE PARTY, ROQUE DE LA FUENTE re 4 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction . (Dunlap, Thomas) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020
7	NOTICE of Appearance by Ben S. Barlow on behalf of ALLIANCE PARTY, ROQUE DE LA FUENTE (Barlow, Ben) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020
8	NOTICE of Appearance by Micah Ian Bluming on behalf of DISTRICT OF COLUMBIA BOARD OF ELECTIONS (Bluming, Micah) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020
9	NOTICE of Appearance by Shani Brown on behalf of All Defendants (Brown, Shani) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA BOARD OF ELECTIONS served on 8/31/2020 (eg) (Entered: 09/02/2020)	Aug. 31, 2020	Aug. 31, 2020
	MINUTE ORDER: After discussions with the parties, the Court ORDERS that a telephonic hearing on Plaintiffs' Motion for Temporary Restraining Order shall take place on September 3, 2020, at 3:00 p.m. Chambers will contact the parties with dial-in information. So ORDERED by Judge James E. Boasberg on 9/1/2020. (lcjeb1) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020
	Set/Reset Hearings: TRO/Preliminary Injunction Hearing set for 9/3/2020 at 03:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020
	MINUTE ORDER: After discussions with the parties, the Court ORDERS that a telephonic hearing on Plaintiffs' Motion for Temporary Restraining Order shall take place on September 3, 2020, at 3:00 p.m. Chambers will contact the parties with dial-in information. So ORDERED by Judge James E. Boasberg on 9/1/2020. (lcjeb1)	Sept. 1, 2020	Sept. 1, 2020
	Set/Reset Hearings: TRO/Preliminary Injunction Hearing set for 9/3/2020 at 03:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn)	Sept. 1, 2020	Sept. 1, 2020
	.Order	Sept. 1, 2020	Sept. 1, 2020
	Set/Reset Hearings	Sept. 1, 2020	Sept. 1, 2020
	NOTICE OF CORRECTED DOCKET ENTRY: re 5 Certiﬁcate of Service was entered in error and will be reﬁled by the Clerk's Ofﬁce. (eg) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020
	MINUTE ORDER GRANTING 10 Motion for Admission Pro Hac Vice of PAUL A. ROSSI. Counsel should register for e-ﬁling via PACER and ﬁle a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . So ORDERED by Judge James E. Boasberg on 09/02/2020. (lcjeb2) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020
10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul A. Rossi, Filing fee $ 100, receipt number ADCDC-7542323. Fee Status: Fee Paid. by ALLIANCE PARTY, ROQUE DE LA FUENTE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Dunlap, Thomas) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020
	NOTICE OF CORRECTED DOCKET ENTRY: re 5 Certificate of Service was entered in error and will be refiled by the Clerk's Office. (eg)	Sept. 2, 2020	Sept. 2, 2020
	MINUTE ORDER GRANTING 10 Motion for Admission Pro Hac Vice of PAUL A. ROSSI. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 09/02/2020. (lcjeb2)	Sept. 2, 2020	Sept. 2, 2020
12	Memorandum in opposition to re 4 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA BOARD OF ELECTIONS. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Bluming, Micah) (Entered: 09/02/2020) 1 Exhibit A View on PACER 2 Text of Proposed Order View on PACER	Sept. 2, 2020	Sept. 2, 2020 RECAP
	Notice of Corrected Docket Entry	Sept. 2, 2020	Sept. 2, 2020
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 2, 2020	Sept. 2, 2020
	Minute Entry for proceedings held before Judge James E. Boasberg: Preliminary Injunction held on 9/3/2020 re 4 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction ﬁled by ROQUE DE LA FUENTE, ALLIANCE PARTY, Motion Hearing held on 9/3/2020 re 4 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction ﬁled by ROQUE DE LA FUENTE, ALLIANCE PARTY. Oral arguments heard and motion DENIED, for the reasons stated on the record. (Court Reporter Lisa Griﬁﬁth.) (znbn) (Entered: 09/04/2020)	Sept. 3, 2020	Sept. 3, 2020
13	REPLY to opposition to motion re 4 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by ALLIANCE PARTY, ROQUE DE LA FUENTE. (Dunlap, Thomas) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020
	Minute Entry for proceedings held before Judge James E. Boasberg: Preliminary Injunction held on 9/3/2020 re 4 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by ROQUE DE LA FUENTE, ALLIANCE PARTY, Motion Hearing held on 9/3/2020 re 4 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by ROQUE DE LA FUENTE, ALLIANCE PARTY. Oral arguments heard and motion DENIED, for the reasons stated on the record. (Court Reporter Lisa Grififith.) (znbn)	Sept. 3, 2020	Sept. 3, 2020
	Motion Hearing AND Preliminary Injunction	Sept. 4, 2020	Sept. 4, 2020
	MINUTE ORDER GRANTING Defendant's 14 Motion for Extension of Time. The Court ORDERS that Defendant shall ﬁle its Answer or otherwise respond to Plaintiffs' Complaint by November 5, 2020. So ORDERED by Judge James E. Boasberg on 09/17/2020. (lcjeb2) (Entered: 09/17/2020)	Sept. 17, 2020	Sept. 17, 2020
	Set/Reset Deadlines: Answer due by 11/5/2020. (znbn) (Entered: 09/18/2020)	Sept. 17, 2020	Sept. 17, 2020
14	Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Complaint by DISTRICT OF COLUMBIA BOARD OF ELECTIONS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bluming, Micah) (Entered: 09/17/2020)	Sept. 17, 2020	Sept. 17, 2020
	MINUTE ORDER GRANTING Defendant's 14 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Answer or otherwise respond to Plaintiffs' Complaint by November 5, 2020. So ORDERED by Judge James E. Boasberg on 09/17/2020. (lcjeb2)	Sept. 17, 2020	Sept. 17, 2020
	Set/Reset Deadlines: Answer due by 11/5/2020. (znbn)	Sept. 17, 2020	Sept. 17, 2020
	Order on Motion for Extension of Time to	Sept. 17, 2020	Sept. 17, 2020
	Set/Reset Deadlines	Sept. 18, 2020	Sept. 18, 2020
15	MOTION to Dismiss Plaintiffs' Complaint by DISTRICT OF COLUMBIA BOARD OF ELECTIONS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bluming, Micah) (Entered: 11/05/2020) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER	Nov. 5, 2020	Nov. 5, 2020
16	Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss Plaintiffs' Complaint by ALLIANCE PARTY, ROQUE DE LA FUENTE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Dunlap, Thomas) (Entered: 11/16/2020) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	Nov. 16, 2020	Nov. 16, 2020
	MINUTE ORDER GRANTING Plaintiff's 16 Motion for Extension of Time. The Court ORDERS that: (1) Plaintiffs shall respond to Defendant's Motion to Dismiss by December 3, 2020; and (2) Defendant shall ﬁle its reply by December 17, 2020. So ORDERED by Judge James E. Boasberg on 11/17/2020. (lcjeb2) (Entered: 11/17/2020)	Nov. 17, 2020	Nov. 17, 2020
	Set/Reset Deadlines: Responses due by 12/3/2020. Replies due by 12/17/2020. (znbn) (Entered: 11/17/2020)	Nov. 17, 2020	Nov. 17, 2020
	MINUTE ORDER GRANTING Plaintiff's 16 Motion for Extension of Time. The Court ORDERS that: (1) Plaintiffs shall respond to Defendant's Motion to Dismiss by December 3, 2020; and (2) Defendant shall file its reply by December 17, 2020. So ORDERED by Judge James E. Boasberg on 11/17/2020. (lcjeb2)	Nov. 17, 2020	Nov. 17, 2020
	Set/Reset Deadlines: Responses due by 12/3/2020. Replies due by 12/17/2020. (znbn)	Nov. 17, 2020	Nov. 17, 2020
	Order on Motion for Extension of Time to File Response/Reply	Nov. 17, 2020	Nov. 17, 2020
	Set/Reset Deadlines	Nov. 17, 2020	Nov. 17, 2020
	MINUTE ORDER GRANTING 17 Motion to Withdraw. The appearances of Attorneys Thomas M. Dunlap and Benjamin S. Barlow are terminated. So ORDERED by Judge James E. Boasberg on 11/18/2020. (lcjeb2) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020
17	MOTION to Withdraw as Attorney by ALLIANCE PARTY, ROQUE DE LA FUENTE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Dunlap, Thomas) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020
	MINUTE ORDER GRANTING 17 Motion to Withdraw. The appearances of Attorneys Thomas M. Dunlap and Benjamin S. Barlow are terminated. So ORDERED by Judge James E. Boasberg on 11/18/2020. (lcjeb2)	Nov. 18, 2020	Nov. 18, 2020
	Order on Motion to Withdraw as Attorney	Nov. 18, 2020	Nov. 18, 2020
	MINUTE ORDER: As Plaintiffs have never responded to Defendant's Motion to Dismiss despite an extension, the Court ORDERS that: 1) The 15 Motion is GRANTED as conceded per LCvR 7(b); and 2) The case is DISMISSED WITHOUT PREJUDICE. So ORDERED by Judge James E. Boasberg on 12/07/2020. (lcjeb2)	Dec. 7, 2020	Dec. 7, 2020
18	CLERK'S JUDGMENT in favor of DISTRICT OF COLUMBIA BOARD OF ELECTIONS against ALLIANCE PARTY & ROQUE DE LA FUENTE. Signed by Nicole Bell-Norwood, Courtroom Deputy on 12/7/2020. (nbn) (Entered: 12/07/2020)	Dec. 7, 2020	Dec. 7, 2020
	Order on Motion to Dismiss	Dec. 7, 2020	Dec. 7, 2020