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Ballot-Petition Signature Deadlines in Michigan During a Pandemic

Robert Timothy Reagan
October 21, 2023

Esshaki v. Whitmer (Terrence G. Berg, 2:20-cv-10831), SawariMedia v. Whitmer (Matthew F. Leitman, 4:20-cv-11246), Kishore v. Whitmer (Sean F. Cox, 2:20-cv-11605), 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 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. In a second case involving 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statewide initiative, the state never proposed to a second judge an adequate remedy, but the case was ultimately withdrawn for failure to provide evidence of substantial signature-collection results.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 signature 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; attorney fees; pro se party.

One of many Case Studies in Emergency Election Litigation.