Filed Date: July 9, 2020
Closed Date: April 20, 2021
Clearinghouse coding complete
On July 9, 2020, the Alliance Party and its 2020 presidential candidate (the Alliance Party), filed this lawsuit in the U.S. District Court for the Eastern District of Virginia against the Virginia Board of Elections, where it was assigned to District Judge Liam O'Grady and Magistrate Judge Ivan D. Davis. The Alliance Party, represented by private counsel, challenged Virginia’s in-person signature collection and witnessing requirements for the November 2020 general election as they pertained to third-party candidates. Specifically, the Alliance Party claimed that the Governor of Virginia's emergency orders and COVID-19 safety requirements made the in-person collection of signatures on election petitions unlawful, functionally impossible, and highly disadvantageous to third-party candidates.
The Alliance Party sought declaratory and injunctive relief regarding these signature requirements, alleging that they imposed a severe restriction on rights guaranteed under the First and Fourteenth Amendments to both third-party candidates and voters. Specifically, the Alliance Party requested a lesser signature requirement for third parties seeking to appear on the election ballot, or, in the alternative, the party sought an elimination of the signature requirement and the imposition of a filing fee to appear on the ballot.
Judge O'Grady ordered the Alliance Party in October 2020 to explain why the case should not be dismissed despite the Alliance Party's failure to serve the defendant with notice of the suit. Several months later, on April 20, 2021, Judge O'Grady dismissed the action without prejudice following the Alliance Party's failure to respond to his October 2020 order.
Summary Authors
Betsy Sheppard (3/19/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18443386/parties/alliance-party-v-virginia-state-board-of-elections/
Davis, Ivan D. (Virginia)
Barlow, Benjamin S. (District of Columbia)
Dunlap, Thomas M. (Virginia)
Rossi, Paul A. (Pennsylvania)
Davis, Ivan D. (Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/18443386/alliance-party-v-virginia-state-board-of-elections/
Last updated March 27, 2024, 3:10 a.m.
State / Territory: Virginia
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Key Dates
Filing Date: July 9, 2020
Closing Date: April 20, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An independent political party and its 2020 presidential candidate
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Virginia Board of Elections, State
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: