Filed Date: July 31, 2020
Closed Date: Aug. 10, 2020
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On July 31, 2020, a candidate for United States President from the Libertarian Party of Maine, filed this lawsuit in the U.S. District Court for the District of Maine, seeking to challenge Maine's petition signature requirements for independent candidates found at 21-A M.R.S. §§ 353 and 354(5)(A), which had become more challenging to meet due to COVID-19 restrictions. Suing under 42 U.S.C. § 1983, the plaintiff sued the Secretary of State of Maine, alleging violations of her First and Fourteenth Amendment rights. Specifically, the plaintiff claimed the petition signature requirements violated her right to freedom of speech and association, equal protection, and due process, particularly because the COVID-19 restrictions on in-person gatherings had made it impracticable to obtain the signatures required, thus the requirements were overly broad and not narrowly tailored. The plaintiff sought injunctive relief, including a temporary restraining order, preliminary injunction and ultimately a permanent injunction to enjoin the defendant and require the petition signature requirement to be lowered from 4,000 to 2,000; the plaintiff also sought declaratory relief that 21-A M.R.S. §§ 353 and 354(5)(A) violated the First and Fourteenth Amendment as applied to independent candidates as to the November 2020 election, and the plaintiff sought attorney's fees. The case was assigned to Judge Nancy Torresen.
That same day, the plaintiff filed an emergency motion for injunctive relief, formally requesting the relief discussed in the complaint related to a temporary restraining order and preliminary injunction to reduce the statutorily-imposed signature requirements for the election from 4,000 to 2,000.
After a hearing on August 3, 2020, the court requested the defendant to determine if the plaintiff had qualified for the general election based on the nominating petition she submitted. The defendant filed a notice to the court on August 10 that the plaintiff had submitted a petition with a sufficient number of valid signatures to qualify her for the ballot. That same day, the plaintiff filed a notice of voluntary dismissal and the case is closed.
Summary Authors
Caitlin Kierum (4/29/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17405895/parties/jorgensen-v-dunlap/
Rich, John H. III (Maine)
Barnes, Robert E (Tennessee)
Mahany, Brian (Wisconsin)
Gardiner, Phyllis (Maine)
Knowlton, Thomas A (Maine)
See docket on RECAP: https://www.courtlistener.com/docket/17405895/jorgensen-v-dunlap/
Last updated April 5, 2024, 3:04 a.m.
State / Territory: Maine
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Key Dates
Filing Date: July 31, 2020
Closing Date: Aug. 10, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A candidate for United States President from the Libertarian Party of Maine
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting: