University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Alberto v. City of Roanoke"
Date October 22, 2020
Author Stanford-MIT Healthy Elections Project
Author Institution Stanford, Massachusetts Institute of Technology
External Link
Abstract 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.
Source Stanford-MIT Healthy Elections Project

This Resource Relates To
case (VR-VA-0068)

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