Resource: Hawkins v. DeWine

By: Stanford-MIT Healthy Elections Project

September 5, 2020

Stanford-MIT Healthy Elections Project

Plaintiffs seek to modify or enjoin both the State's ballot access provisions for independent political candidates and the State's requirements for formation of a minor political party. Specifically, they challenge the in-person nominating petition signing requirements and nominating petition filing requirements as unconstitutional as applied due to the emergency orders adopted by the State in response to COVID-19."; New dispositive ruling summary: "Court granted State's motion to dismiss. Despite procedurally finding sufficient standing for the case, the Court found no significant burden on plaintiff's First Amendment rights, since the Health Director's orders excluded First Amendment speech from regulation and declared it to be an essential activity exempt from the mandate. The Court further dismissed Plaintiff's Equal Protection and Due Process claims, as they had alleged no discrete violations of those rights.

https://healthyelections-case-tracker.stanford.edu/detail?id=103