Resource: Moreno v. Denney

By: Stanford-MIT Healthy Elections Project

November 19, 2020

Stanford-MIT Healthy Elections Project

Voting for Idaho's 2020 Primary election was available only by absentee ballot due to COVID-19 concerns. The absentee ballot request website crashed on the last day for voters to request absentee ballots. Voters and a principal political campaign committee sued the Secretary of State to extend the deadline to request absentee ballots and to provide public notice of this extension through the website and local media. They claim: (1) the failure of the website to function properly in the days leading up to the deadline violated the fundamental right to vote inherent in the United States Constitution, 52 U.S.C. § 10101, 42 U.S.C. § 1983, and Idaho Constitution Art. 1 §§ 1, 2, 19; and (2) these violations caused Plaintiffs irreparable harm and will continue to do so absent an injunction. Plaintiffs' motions for emergency injunctive relief were granted.