University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Kishore v. Whitmer"
Date October 22, 2020
Author Stanford-MIT Healthy Elections Project
Author Institution Stanford, Massachusetts Institute of Technology
External Link https://healthyelections-case-tracker.stanford.edu/detail?id=63
Abstract Plaintiffs filed action challenging Michigan's ballot-access requirements for independent candidates for President of the United States. The plaintiffs had filed to run for President/Vice-President with the FEC but did not file the qualifying petition or collect the requisite signatures under Michigan law. Plaintiffs claim that Michigan's enforcement of the in-person signature gathering requirements and deadline for ballot access against them violates the First and Fourteenth Amendments because, due to the COVID pandemic, the requirements created an absolute bar to ballot access for them. Plaintiffs argued that under the Anderson-Burdick test, strict scrutiny should apply. Defendants argue, under Anderson-Burdick, that strict scrutiny should not apply because the plaintiffs did not make efforts to collect signatures and so were not diligent in exercising their rights.
Source Stanford-MIT Healthy Elections Project


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