Case Summary
On June 30, 2020, People Not Politicians Oregon filed a federal lawsuit against Oregon’s Secretary of State challenging the state’s ballot measure signature gathering requirements and deadline, in light of the COVID-19 pandemic, as violating their constitutional rights. Plaintiff, which had failed to collect the required number of petition signatures by the July 2, 2020, deadline, argued that enforcing the state’s ballot initiative requirements in light of the ongoing pandemic infringed upon their 1st and 14th Amendment rights to ballot access, political speech, and political participation. They sought an injuncting barring the ballot initiative signature and deadline provisions from being enforced or a court order requiring their initiative to be placed on the ballot.
- On July 10, 2020, the U.S. District Court for the District of Oregon issued a preliminary injunction requiring the Secretary of State to either place the plaintiff’s initiative on the 2020 ballot or move the signature filing deadline back to August 17, 2020, and reduce the number of signatures required to 58,789. On July 13, the Secretary chose to delay the deadline and reduce the number of signatures required.
- On July 15, 2020, Oregon’s Attorney General – but not its Secretary of State – appealed the injunction to the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit denied a request for an emergency stay on July 23, 2020. The Oregon Attorney General filed an application for stay with the U.S. Supreme Court six days later, arguing only the state government had authority to lower the number of ballot measure signatures required.
- On August 11, 2020, SCOTUS granted an emergency stay on the preliminary injunction ruling.
- On September 2, 2020, the Ninth Circuit held there was insufficient time to resolve the case’s legal issues prior to the 2020 election and, therefore, the plaintiff’s measure wouldn’t appear on the 2020 ballot. The court remanded the case back to the district court to determine whether the claims would be moot after the 2020 election.
- On June 10, 2021, the district court, on remand, granted the defendant’s motion to dismiss the case as moot.
Case Library
U.S. District Court for the District of Oregon, Eugene Division - 6:20-cv-01053
- Complaint - 6/30/20
- Plaintiffs' Motion for Temporary Restraining Order and Memorandum in Support - 6/30/20
- Defendant's Response to Plaintiffs' Motion for Preliminary Injunction - 7/9/20
- Motion to Intervene or in the Alternative Appear as Amici Curiae - 7/9/20
- Defendant's Response to Plaintiffs' Motion for Preliminary Injunction - 7/9/20
- Supplemental Declaration of Ted Blaszak in Support of Plaintiffs' Motion for Preliminary Injunction - 7/9/20
- Plaintiffs' Motion for Leave to File Reply in Support of Plaintiffs' Motion for Preliminary Injunction (Unopposed) - 7/10/20
- Opinion and Order - 7/13/20
- Defendant's Notice in Response to Court Order - 7/13/20
- Notice of Appeal Form - 7/15/20
- Order - 7/22/20
- Order - 7/23/20
- Joint Status Report - 7/30/20
- SCOTUS Order in Pending Case - 8/11/20
- USCA Order - 8/11/20
- Defendant's Answer to Complaint - 8/31/20
- Memorandum - 9/1/20
- Mandate - 9/23/20
- Joint Status Report - 10/5/20
- Plaintiffs' Motion for Summary Judgment and Memorandum in Support of Motion for Summary Judgment - 2/24/21
- Declaration of Daniel W. Meek - 2/24/21
- Second Declaration of C. Normal Turrill - 2/24/21
- Defendant's Motion to Dismiss - 3/3/21
- Joint Motion to Stay Discovery - 3/12/21
- Plaintiffs' Opposition to Motion to Dismiss - 3/29/21
- Defendant's Reply in Support of Motion to Dismiss - 4/12/21
- Second Declaration of Daniel W. Meek - 4/27/21
- Opinion and Order - 6/10/21
- Judgment - 6/10/21
U.S. Court of Appeals for the Ninth Circuit - 20-35630
- Emergency Motion Under Circuit Rule 27-3 for a Stay Pending Appeal - Ruling Requested by July 22, 2020 - 7/15/20
- Order - 7/15/20
- Plaintiffs-Appellees' Opposition to Motion for Emergency Stay - 7/17/20
- Order - 7/22/20
- Order - 7/22/20
- Order - 7/23/20
- Appellant's Brief - 7/24/20
- Order - 7/28/20
- Brief as Amici Curiae in Support of Defendant-Appellant and in Favor of Reversal - 7/30/20
- Amicus Brief of Oregon Governor Kate Brown in Support of Defendant-Appellant - 7/31/20
- Order - 8/5/20
- Answering Brief - 8/7/20
- Appellant's Reply Brief - 8/10/20
- Order - 8/11/20
- Memorandum - 9/1/20
- Mandate - 9/23/20
Supreme Court of the United States - 20A21
- Application for Stay - 7/29/20
- Opposition to Application for Stay - 8/4/20
- Reply in Support of Application for a Stay Pending Appeal - 8/5/20
- Supplemental Brief - 8/7/20
- Supplemental Brief - 8/10/20
- SCOTUS Order in Pending Case - 8/11/20