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1 Ballot Petition Signature Deadlines in Michigan during a Pandemic 1 (2021)

handle is hein.congcourts/fjcbpsdm0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Ballot Petition Signature Deadlines in Michigan During a Pandemic Esshaki v. Whitmer (Terrence G. Berg, 2:20-cv-10831), SawariMedia LLC v. Whitmer (Matthew F. Leitman, 4:20-cv-1 1246), Kishore v. Whitmer (Sean F. Cox, 2:20-cv-1 1605), Detroit Unity Fund v. Whitmer (Stephanie Dawkins Davis, 4:20-cv-12016), Jobs for Downriver v. Whitmer (George Caram Steeh, 2:20-cv-12115), and Eason v. Whitmer (Robert H. Cleland, 3:20-cv-12252) (E.D. Mich.) Because of Michigan's stay-at-home order during the COVID-19 pandemic, a district judge extended the deadline for candidates' ballot petition signatures and halved the number of signatures re- quired. The court of appeals ruled that the judge was right on the merits but not empowered to specify the remedy. On remand, the district judge ruled that the state's implemented remedy did not quite pass constitutional muster, and the judge informed the state defendants of a possible constitutional remedy. In a second case in- volving a proposed statewide initiative, the state never proposed to a second judge an adequate remedy, but the case was ultimately withdrawn for failure to provide evidence of substantial signature collection results. Two additional judges denied ballot petition sig- nature relief, and a fifth case before a fifth judge was dismissed by stipulation. A sixth judge dismissed an action filed more than a month after the ballot petition deadline. Subject: Getting on the ballot. Topics: COVID-19; getting on the ballot; ballot measure; laches; primary election; intervention; pro se party. Because of social distancing made necessary by the coronavirus disease 2019 (COVID-19) infectious pandemic, a prospective primary election candidate sought modifications of the ballot petition signature requirements. A district judge ordered modifications, but the court of appeals ruled that although the judge was right on liability, it was not for the court to impose a specific rem- edy. In that case, and in another case involving a proposed initiative, the state was unable to propose remedies satisfactory to the court. As time wore on, four additional cases over ballot petition signature requirements were unsuc- cessful. Signature Requirementsfor a House of Representatives Primary Election Candidate A prospective primary election candidate for the House of Representatives filed a federal complaint in the Eastern District of Michigan on March 31, 2020, seeking relief from an April 21 deadline for filing one thousand ballot petition signatures in light of the governor's March 24 stay-at-home order Federal Judicial Center 1/26/2021 I

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