Filed Date: April 3, 2020
Case Ongoing
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In this case, a Michigan citizen who was a candidate for the Third Circuit Court Judge position in Wayne County filed this lawsuit in the U.S. District Court for the Eastern District of Michigan on April 3, 2020. Represented by private counsel, the plaintiff sued the Governor of Michigan, the Secretary of State of Michigan and the Director of the Michigan Bureau of Elections in their official capacities. Suing under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202, the plaintiff alleged that Executive Order 2020-21, which directed Michigan residents to remain at home in light of the COVID-19 pandemic, deprived her of her First and Fourteenth Amendment rights as it kept her from being able to obtain statutorily required minimum number of signatures, 4,000, to get her on the ballot before the deadline for the election. The plaintiffs argued the defendants action violated her right to the freedom of speech and association, equal protection and due process. The plaintiff requested a declaratory judgment holding that MCL 168.544f was unconstitutional as applied to the plaintiff, to enter a temporary restraining order and/or preliminary injunction, and permanent injunction barring the defendants from enforcing the filing deadline and other requirements, and requiring the defendants to extend the deadline or decrease the signature requirements; the plaintiff also requested attorneys fees. The case was assigned to Judge Laurie J. Michelson and Magistrate Judge R. Steven Whalen, but was shortly reassigned to Judge Terrence G. Berg and Magistrate Judge Elizabeth A. Stafford.
On August 13, 2020, the case was consolidated with Esshaki v. Whitmer for further proceedings.
Summary Authors
Caitlin Kierum (4/2/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17145117/parties/beard-v-whitmer/
Berg, Terrence George (Michigan)
Stafford, Elizabeth A. (Michigan)
Beard, Deana (Michigan)
Berg, Terrence George (Michigan)
Stafford, Elizabeth A. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/17145117/beard-v-whitmer/
Last updated April 17, 2024, 3:27 a.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Key Dates
Filing Date: April 3, 2020
Closing Date: Aug. 20, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A candidate running for the Third Circuit Court Judge position in Wayne county
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of State of Michigan, State
Director of the Michigan Bureau of Elections, State
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting: