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Ballot Petition Circulators Do Not Have to Be Registered Voters

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
July 14, 2017
Available Online Only

Davis v. Johnson (2:14-cv-11818) and Moore v. Johnson (2:14-cv-11903) (Gershwin A. Drain and Matthew F. Leitman, E.D. Mich.)
Two cases challenged a requirement that ballot petition signatures be collected by registered voters. One case concerned an election for a local school board and the other case concerned election to Congress. Following recusal by the judge who was assigned the first case, the cases were assigned to a new judge who issued a preliminary injunction against the registration requirement for collectors of signatures, and the state elected not to appeal.
Topics: Getting on the ballot; primary election; recusal; case assignment.

One of many Case Studies in Emergency Election Litigation.