Filed Date: 2020
Case Ongoing
Clearinghouse coding in progress
NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.
According to their summary as of 10/22/2020,
Two potential candidates allege that they cannot reasonably meet the State Board of Elections rules to appear on the ballot. Specifically, given COVID and relevant Stay at Home orders, limitations on gatherings over 10 people and social distancing: 1) they cannot reasonably obtain the required number of signatures; and 2) they cannot reasonably individually witness each signature. Ballot restricitions severly burden the right to vote and right of association and violate the First Amendment. If the election regulation imposes a severe burden, it must survive strict scrutiny. The requirements imposed here are severe and in the absence of relief (including an extended time to file to be on the ballot) would impose a severe if not impossible burden, thereby violating the First Amendment.
Ching, Carrol M. (Virginia)
Fishwick, John Palmer (Virginia)
Callaghan, Daniel J. (Virginia)
Hedblom, Jaqueline C. (Virginia)
Lockerman, Heather Hays (Virginia)
Last updated Aug. 30, 2023, 2:43 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Key Dates
Filing Date: 2020
Case Ongoing: Yes