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Ohio’s Ballot-Petition Signature Requirements During a Pandemic

Robert Timothy Reagan
July 6, 2023

Thompson v. DeWine (Edmund A. Sargus, Jr., 2:20-cv-2129), Duncan v. LaRose (Michael H. Watson, 2:20-cv-2295), and Hawkins v. DeWine (James L. Graham, 2:20-cv-2781) (S.D. Ohio)
Federal actions sought modifications of Ohio’s requirements for getting candidates and measures on the ballot in a time of social distancing to prevent transmission of Covid-19 during a global pandemic: acceptance of electronic signatures, a reduced signature requirement, and extended deadlines. One district judge ordered acceptance of electronic signatures and an extension of the deadline but not a reduction in the number of signatures required. The court of appeals, however, stayed the injunction, finding ballot-access requirements modest even during the pandemic. A second judge denied relief to a pro se minor presidential candidate. A third judge denied relief, reasoning in part that social distancing is not state action.
Subject: Getting on the ballot. Topics: Getting on the ballot; Covid-19; intervention; ballot measure; pro se party; case assignment.

One of many Case Studies in Emergency Election Litigation.