About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 Initiative Ballot Petition Signature Requirements in Idaho during an Infectious Pandemic 1 (2021)

handle is hein.congcourts/fjcinblt0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Initiative Ballot Petition Signature Requirements in Idaho During an Infectious Pandemic Reclaim Idaho v. Little (B. Lynn Winmill, D. Idaho 1:20-cv-268) Because of social distancing made necessary by the global infectious COVID-19 pandemic, sponsors of a ballot initiative sought modifi- cations to the ballot petition signature requirements. A district judge decided that the plaintiffs were entitled to relief and suggested two possibilities. The state instead sought a stay of the injunction. Al- though the district court and the court of appeals denied the state a stay, the Supreme Court granted one, and online signature collection efforts ceased. The plaintiffs then determined that court resolution of their case through the federal court's three levels would take too long to make certification of their initiative for the ballot possible. Subject: Ballot measures. Topics: COVID-19; getting on the ballot; ballot measure; enforcing orders; interlocutory appeal; laches. Reclaim Idaho, an organization supporting a ballot initiative, and its founder filed a federal complaint in the District of Idaho on June 6, 2020, seeking mod- ifications to the ballot petition signature requirement and the May 1 deadline in light of social distancing made necessary by the global COVID-19 infectious pandemic.1 With their complaint, the plaintiffs filed an expedited motion for a preliminary injunction.2 On June 8, Judge B. Lynn Winmill ordered briefing complete by June 22,3 and on June 10, he set the case for a video hearing on June 23, posting connec- tion information on the public docket sheet so that members of the public and news media could audit the hearing.4 Judge Winmill began the hearing by noting that he might rule from the bench and issue a written decision later.5 He appeared robed on video and re- minded those listening to keep their phones mute.6 At the close of argument, Judge Winmill concluded that absent a preliminary injunction,. . . the plain- tiff will be unable to get the initiative on the ballot in November.7 1. Complaint, Reclaim Idaho v. Little, No. 1:20-cv-268 (D. Idaho June 6, 2020), D.E. 1; Reclaim Idaho v. Little, 469 F. Supp. 3d 988, 992 (D. Idaho 2020). 2. Preliminary Injunction Motion, Reclaim Idaho, No. 1:20-cv-268 (D. Idaho June 6,2020), D.E. 2; Reclaim Idaho, 469 F. Supp. 3d at 992. 3. Docket Sheet, Reclaim Idaho, No. 1:20-cv-268 (D. Idaho June 6, 2020) (D.E. 4). 4. Id. (D.E. 7); see Reclaim Idaho, 469 F. Supp. 3d at 992. 5. Transcript at 3-4, Reclaim Idaho, No. 1:20-cv-268 (D. Idaho June 23, 2020, filed June 26, 2020), D.E. 15. 6. Id. at 4-6. 7. Id. at 39. Federal Judicial Center 1/23/2021 I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most