Filed Date: March 17, 2020
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COVID-19 summary: A democratic candidate for the U.S. Senate who could not meet the signatures requirement due to the COVID-19 pandemic sought to an order to put her name on the primary ballot. On April 21, the trial court ruled in her favor, however, the decision was overruled by the Colorado Supreme Court, which found that the “legislature alone has the authority to change the minimum signature requirements set out in the Election Code.”
On March 17, Michelle Ferrigno Warren, a Democratic candidate for the U.S. Senate, filed an action against the Colorado Secretary of State in the Denver District Court, seeking a court order to put her name on the primary ballot. She argued that COVID-19, and the resulting state of emergency, prevented her from collecting the required 1500 signatures before the deadline of March 7. The plaintiff had collected 5383 signatures of the 10,500 required and had only collected enough signatures in one of the state’s districts. She further argued that she had demonstrated substantial compliance under the unprecedented circumstances of the COVID-19 pandemic.
The trial court ordered the plaintiff to be put on the June 30 Democratic primary ballot for U.S. Senate on April 21, finding that she had substantially complied with the signature threshold. The court found that a 50% threshold was reasonable, and that “strict adherence to the signature requirement for primary petitions must yield to this unprecedented public health emergency.”
The defendant appealed to the Colorado Supreme Court. On May 4, the Colorado Supreme Court held that the plaintiff did not collect the required signatures from each district and reversed the order of the district court. 462 P.3d 1081. They reasoned that the “legislature alone has the authority to change the minimum signature requirements set out in the Election Code.”
Summary Authors
Averyn Lee (6/14/2020)
Athanasiou, Joy F (Colorado)
Buckley, Emily B. (Colorado)
Morrill, Leeann (Colorado)
Baumann, Jennifer A. (Missouri)
Padden, Amy L. (Colorado)
Last updated Aug. 30, 2023, 3:22 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Colorado
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 17, 2020
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
A democratic candidate for the primary ballot
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Colorado Secretary of State, State
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: