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1 Ballot Petition Signature Requirements in Illinois during a Pandemic 1 (2021)

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CASE STUDIES IN EMERGENCY ELECTION LITIGATION


    Ballot   Petition   Signature Requirements in Illinois
                        During a Pandemic
        Libertarian  Party  of Illinois v. Pritzker (1:20-cv-2112)
                 and  Morgan   v. White  (1:20-cv-2189)
      (Rebecca  R. Pallmeyer,  N.D.  Ill.) and Bambenek v.   White
             (Sue  E. Myerscough,   C.D.  Ill. 3:20-cv-3107)
       Lawsuits filed in two of Illinois's districts sought modifications to
       ballot petition signature requirements in light of social distancing
       made  necessary by the global COVID-19 infectious pandemic. An
       agreed order modified the requirements for candidates. The district
       judge gave election officials part of the adjustments from the agreed
       order that they requested, and the court of appeals declined to stay
       the district judge's decision. District judges in both districts denied
       relief from the signature requirements for ballot measures.
           Subject: Getting on the ballot. Topics: Getting on the ballot;
       ballot measure; COVID-19; case assignment; interlocutory appeal;
       laches; intervention.
Election officials in Illinois agreed to an injunction modifying the ballot peti-
tion signature requirements for candidates in the November 3, 2020, general
election in light of social distancing made necessary by the global COVID-19
infectious pandemic. District judges in two of Illinois's districts declined to
modify the requirements for ballot measures.
Ballot Petition Signatures for Candidates
Minor  parties, prospective independent candidates, and others affiliated with
them  filed a federal complaint in the Northern District of Illinois on April 2,
2020, against the governor and state election officials seeking modifications
to in-person and  witnessing ballot petition signature requirements for the
November   3 general election in light of social distancing made necessary by
COVID-19.1   On  the next day, the plaintiffs filed a motion for a temporary
restraining order or a preliminary injunction.2
    The court assigned the case to Charles R. Norgle, Sr., but on April 10,
Judge Robert  M. Dow,  Jr., acted as emergency judge and set the case for a
telephonic hearing at 9:30 a.m. on April 17.'
    The court had  accommodated   the pandemic  by  assigning a few judges
rotating duty days for emergency   proceedings.4 The emergency   judge as-



   1. Complaint, Libertarian Party of Ill. v. Pritzker, No. 1:20-cv-2112 (N.D. Ill. Apr. 2,
2020), D.E. 1; Libertarian Party of Ill. v. Pritzker, 455 F. Supp. 3d 738, 740 (N.D. Ill. 2020);
see Amended Complaint, Libertarian Party of Ill., No. 1:20-cv-2112 (N.D. Ill. Apr. 16, 2020),
D.E. 17.
   2. Motion, Libertarian Party of Ill., No. 1:20-cv-2112 (N.D. Ill. Apr. 3, 2020), D.E. 2.
   3. Minutes, id. (Apr. 10, 2020), D.E. 5.
   4. Interview with Hon. Rebecca R. Pallmeyer, Oct. 7, 2020.


Federal Judicial Center 2/11/2021


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