U.S. District Court Refuses Ballot Access Relief to North Dakota Initiative Proponents

On June 15, U.S. District Court Judge Peter Welte, a Trump appointee, denied ballot access relief to proponents of a North Dakota initiative. Sinner v Jaeger, 3:20cv-76. They had asked that electronic signatures be permitted, and that the requirement that each sheet should have a notarized signature from the circulator be waived for 2020. Obviously when electronic signatures are permitted, it makes no sense to require the “circulator” to say that he or she witnessed the signature. Here is the opinion. The opinion says that North Dakota was never under an order for most individuals to stay at home. Also it says the adherents could have started the petition drive sooner. They started in March 2020.

North Dakota law permits initiative proponents to gather signatures for a year, but the plaintiffs want to qualify their initiative by July 6 so that it will qualify in time for the November 2020 ballot. Part of the initiative would implement a nonpartisan redistricting commission, and if the voters don’t approve it in 2020, then even if it eventually becomes law, that part of it can’t be used until after the 2030 census.


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