Resource: Luciani v. Va. State Bd. of Elections

By: Stanford-MIT Healthy Elections Project

November 5, 2020

Stanford-MIT Healthy Elections Project

Independent candidate for House of Representatives brought a claim against the Virginia Department of Elections and State Board of Elections seeking declaratory judgment and injunctive relief pertaining to Virginia signature requirements to appear on ballot in light of hardship caused by COVID and related State Emergency Orders. Specifically, candidate sought similar relief to what was granted in an unrelated Eastern District of Virginia case that would permit candidate to collect only 35% of required petition signatures and extend the deadline for petition signatures. Plaintiff stated that without relief, enforcement of existing requirements in light of COVID and related Emergency Orders violated plaintiff’s First and Fourteenth Amendment rights and gave rise to a claim under 42 U.S.C. § 1983 and would make it “impossible” for third party and independents to get on the ballot.