Ninth Circuit Expedites Arizona Case on Electronic Signatures for Initiatives

On April 22, proponents of two Arizona statewide initiatives asked the Ninth Circuit for emergency injunctive relief, in their lawsuit to allow electronic signatures.  Arizona already permits electronic signatures for non-presidential candidates, yet the U.S. District Court had denied any relief on April 17.  The state’s response is due April 29, and the reply brief is due May 1.  Arizonans for Fair Elections v Hobbs, 20-15719.

During Health Crisis, Election Officials Have More Difficulty Verifying Petition Signatures

Although much focus during the health crisis has been on the difficulty of petitioning, a related issue is that if a petition is submitted, it is now more difficult for election officials to check the validity of the signatures.  See this story, over a San Jose, California city initiative.  The signatures were submitted to the city clerk.  The city clerk counted the sheets, gave the proponents a receipt for the number of pages, and turned the petition over to the county registrar of voters.

But, in the process, several hundred sheets never reached the registrar, and were hopelessly lost.  The county registrar did a random sample of the petition and determined that it just barely didn’t qualify.  Then the proponents learned, and proved, that some of the sheets had been lost.  Now every signature on the petition must be checked.  There are almost 100,000 raw signatures.  The county is suing the city to recover at least part of the cost of checking the signatures.  The story reveals that it will cost approximately $1,000,000 to check the petition.

U.S. District Court in Michigan Re-Confirms Order Cutting the Number of Primary Signatures by 50%

At approximately 1 a.m. April 25, Saturday, U.S. District Court Judge Terrence Berg issued an order, again cutting the number of signatures for Michigan primary petitions by 50%.  The state had tried to persuade him to reconsider.  Esshaki v Whitmer, e.d., 2:20cv-10831.

See this story.  The judge wrote in his 16-page order, “The State asserts that the reduction in signatures is ‘an unprecedented disruption to the established and traditional process for candidates to gain ballot access in Michigan.’  The Court invited the State during oral argument to substantiate this assertion, but it was unable to do so.”