Filed Date: June 18, 2020
Closed Date: Sept. 9, 2020
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This is a case about the constitutionality of Michigan’s ballot-access requirements during the November 2020 election. On June 18, 2020, the Socialist Equality Party’s candidates for President and Vice President filed this lawsuit in the Eastern District of Michigan. They sued the Governor, Secretary of State and Director of the Michigan Bureau of Elections for declaratory and injunctive relief under 42 U.S.C. § 1983. The plaintiffs alleged Michigan’s ballot access laws, which required independent candidates for President and Vice President to file a qualifying petition with at least 12,000 signatures to have their names placed on the ballot, were unconstitutionally burdensome under the First and Fourteenth Amendments when combined with Michigan’s stay at home orders during the COVID-19 pandemic. The plaintiffs requested a preliminary injunction to prevent the state from enforcing the signature requirement against them. The case was assigned to Judge Sean F. Cox.
On June 29, 2020, the state filed a response to the plaintiffs’ motion for a preliminary injunction. On July 8, 2020, the Court denied the motion for a preliminary injunction. The Court applied the Anderson-Burdick balancing framework and found the plaintiffs were unlikely to prevail on their claim. 2020 WL 3819125. First, the Court found the signature requirement did not impose a severe burden on the plaintiffs, but rather only an intermediate burden. Plaintiffs did not meet the requirement not only because of state action, but also because they were not diligent in pursuing signatures. The Court found they could have collected signatures from January 2020 (when they announced their candidacy) to March 23rd (when the stay at home order began) and from to June 1st (when the stay at home order ended) to July 16th (the deadline for the signatures). The Court also found the state had interests in administering elections that outweighed the intermediate burden on plaintiffs.
On July 13, 2020, the plaintiffs appealed the denial. On August, 24, 2020, the Sixth Circuit affirmed the district court for the same rationale regarding a lack of diligence. 972 F.3d 745. It added that the Court should not alter election rules close to an election.
On September 9, 2020 the plaintiffs voluntarily dismissed the case. The date of the election has passed and there have been no further filings. The case is now closed.
Summary Authors
Kathryn Hurley (4/1/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17260914/parties/kishore-v-whitmer/
Boggs, Danny Julian (Kentucky)
Bush, John Kenneth (Kentucky)
Cox, Sean Francis (Michigan)
Grand, David R. (Michigan)
Murphy, Eric Earl (Ohio)
Lee, Eric (Michigan)
Grill, Erik A. (Michigan)
Meingast, Heather S. (Michigan)
Boggs, Danny Julian (Kentucky)
Bush, John Kenneth (Kentucky)
Cox, Sean Francis (Michigan)
Grand, David R. (Michigan)
Murphy, Eric Earl (Ohio)
Lee, Eric (Michigan)
Grill, Erik A. (Michigan)
Meingast, Heather S. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/17260914/kishore-v-whitmer/
Last updated May 12, 2022, 8 p.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Key Dates
Filing Date: June 18, 2020
Closing Date: Sept. 9, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Presidential and vice presidential candidates for the Socialist Equality Party
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Director of the Michigan Bureau of Elections, State
Case Details
Causes of Action:
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Voting: