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Initiative Ballot-Petition Signature Requirements in Idaho During an Infectious Pandemic

Robert Timothy Reagan
October 5, 2023

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 modifications 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. Although 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.

One of many Case Studies in Emergency Election Litigation.