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Extending the Ballot Petition Signature Deadline During a Pandemic

Robert Timothy Reagan
May 21, 2020
Available Online Only

Esshaki v. Whitmer (Terrence G. Berg, E.D. Mich. 2:20-cv-10831)
Because of a stay-at-home order during the COVID-19 pandemic, a district judge extended the deadline for ballot petition signatures and halved the number of signatures required. 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.
Subject: Getting on the ballot. Topics: COVID-19; getting on the ballot; primary election; pro se party.

One of many Case Studies in Emergency Election Litigation.