Case: Alberto v. City of Roanoke

20-00997 | Virginia state trial court

Filed Date: 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

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 signatu…

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.

People


Judge(s)

Ware, Onzlee (Virginia)

Attorneys(s) for Plaintiff

Ching, Carrol M. (Virginia)

Fishwick, John Palmer (Virginia)

Martin, Daniel J. (Virginia)

Attorneys(s) for Defendant

Callaghan, Daniel J. (Virginia)

Hedblom, Jaqueline C. (Virginia)

Lockerman, Heather Hays (Virginia)

Spencer, Timothy R. (Virginia)

Judge(s)

Ware, Onzlee (Virginia)

Attorneys(s) for Plaintiff

Ching, Carrol M. (Virginia)

Fishwick, John Palmer (Virginia)

Martin, Daniel J. (Virginia)

Attorneys(s) for Defendant

Callaghan, Daniel J. (Virginia)

Hedblom, Jaqueline C. (Virginia)

Lockerman, Heather Hays (Virginia)

Spencer, Timothy R. (Virginia)

Documents in the Clearinghouse

Document

Verified Complaint

June 1, 2020 Complaint

Order

June 4, 2020 Order/Opinion

Resources

Title Description External URL

Alberto v. City of Roanoke

Stanford-MIT Healthy Elections Project

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… Oct. 22, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=140

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020

Case Ongoing: Yes