Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Courts grant signature-gathering relief for politicians, not ballot measures

Ballot signatures
Vaselena/Getty Images

When it comes to changing the rules for gathering signatures to get on the ballot during the coronavirus crisis, some states have been more lenient than others.

In Massachusetts, a state court has loosened signature requirements for politicians this year, given the national health concerns. But a federal court in Arizona did not consider doing the same for ballot measure campaigns.

Two Arizona campaigns sought permission to gather signatures electronically rather than in person because of Covid-19. But a federal judge on Friday dismissed their request and called their argument questionable.

Meanwhile, candidates in Massachusetts will have an easier time qualifying for the ballot this year after the state's highest court ruled that the unprecedented circumstances called for some adjustment to the requirements.


The Arizona Constitution requires signatures for ballot initiative petitions to be signed on paper in the presence of an organizer. The two groups who filed the lawsuit challenged statutes written based on the constitution, but not the constitution's language.

The two groups, Arizonans for Fair Elections and Healthcare Rising AZ, requested to gather e-signatures through the E-Qual online system, which candidates for Congress, statewide office and the Legislature are permitted to use. They said the Covid-19 pandemic made the in-person signature requirement an unconstitutional burden.

"Although Plaintiffs are correct that the COVID-19 pandemic constitutes an 'extraordinary circumstance' that has resulted in 'profound' dislocations, it is also a profound thing for a federal court to rewrite state election laws that have been in place since the 1910s," wrote U.S. District Court Judge Dominic Lanza, adding that the outcome of altering the state laws would be "distressing from a federalism perspective."

The two campaigns said they were "very disappointed" by the court's decision and they plan to appeal it.

"During this unprecedented health crisis, we're simply asserting that Arizona voters should not have to choose between their health and their basic first amendment rights. If the E-Qual system is good enough for politicians, then it is good enough for the people," they said.

A similar effort is being pursued by four other Arizona ballot initiative campaigns in the state's supreme court. A decision is likely to come by the end of the month.

Campaigns need to gather at least 237,000 valid signatures by July 2 for an initiative to qualify for the ballot in November. Even more signatures (at least 356,000) are required for constitutional amendments.

In Massachusetts, candidates will only need half as many signatures to qualify for the Sept. 1 primary ballot and they can use e-signatures to reach their goal. The lawsuit was filed earlier this month by four candidates seeking different offices.

Chief Justice Ralph D. Gants wrote in the court's opinion that the coronavirus has transformed the state's longstanding policy on signature requirements for candidates into an unconstitutional burden.

"If a candidate seeks to obtain signatures on nomination papers in the traditional ways, he or she reasonably may fear that doing so might risk the health and safety not only of the person requesting the signature but also of the persons who are signing, of the families with whom they live and potentially of their entire community," Gants wrote.

The court's ruling now permits candidates to collect e-signatures by allowing voters to download the nomination papers and sign them with a mouse or stylus, or they can print and sign them by hand. The forms can be mailed back to the campaign or scanned and emailed.

In its opinion, the court also pushed back the filing deadlines for district and county races to May 5 and June 5, respectively, to match the deadlines for federal and statewide offices.


Read More

People standing at voting booths.

The proposed SAVE Act and MEGA Act would require proof of citizenship to register to vote, risking the disenfranchisement of millions of eligible Americans.

Getty Images, EvgeniyShkolenko

The SAVE Act is a Solution in Search of A Problem

The federal government seems to be barreling toward a federal election power grab. Trump's State of the Union address called for the Senate to push through the SAVE Act, which has already passed the House, in the name of so-called "election integrity." And the SAVE Act isn’t the only such bill. Like the SAVE Act, the Make Elections Great Again (MEGA) Act—introduced in the House—would require voters to provide a document outlined in the Act that allegedly proves their U.S. citizenship. We’ve been down this road before in Texas, and spoiler alert: it was unworkable.

Both the SAVE and MEGA Acts would disenfranchise millions of eligible U.S. citizens without making our federal elections more secure. They seek to roll out a faulty federal voter registration system, despite the existing separate registration and voting process for state and local elections. And these Acts target a minuscule “problem”—but would unleash mass voter purges and confusion.

Keep ReadingShow less
With the focus on the voting posters, the people in the background of the photo sign up to vote.

Should the U.S. nationalize elections? A constitutional analysis of federalism, the Elections Clause, and the risks of centralized control over voting systems.

Getty Images, SDI Productions

Why Nationalizing Elections Threatens America’s Federalist Design

The Federalism Question: Why Nationalizing Elections Deserves Skepticism

The renewed push to nationalize American elections, presented as a necessary reform to ensure uniformity and fairness, deserves the same skepticism our founders directed toward concentrated federal power. The proposal, though well-intentioned, misunderstands both the constitutional architecture of our republic and the practical wisdom in decentralized governance.

The Constitutional Framework Matters

The Constitution grants states explicit authority over the "Times, Places and Manner" of holding elections, with Congress retaining only the power to "make or alter such Regulations." This was not an oversight by the framers; it was intentional design. The Tenth Amendment reinforces this principle: powers not delegated to the federal government remain with the states and the people. Advocates for nationalization often cite the Elections Clause as justification, but constitutional permission is not constitutional wisdom.

Keep ReadingShow less
Postal Service Changes Mean Texas Voters Shouldn’t Wait To Mail Voter Registrations and Ballots

A voter registration drive in Corpus Christi, Texas, on Oct. 5, 2024. The deadline to register to vote for Texas' March 3 primary election is Feb. 2, 2026. Changes to USPS policies may affect whether a voter registration application is processed on time if it's not postmarked by the deadline.

Gabriel Cárdenas for Votebeat

Postal Service Changes Mean Texas Voters Shouldn’t Wait To Mail Voter Registrations and Ballots

Texans seeking to register to vote or cast a ballot by mail may not want to wait until the last minute, thanks to new guidance from the U.S. Postal Service.

The USPS last month advised that it may not postmark a piece of mail on the same day that it takes possession of it. Postmarks are applied once mail reaches a processing facility, it said, which may not be the same day it’s dropped in a mailbox, for example.

Keep ReadingShow less
Post office trucks parked in a lot.

Changes to USPS postmarking, ranked choice voting fights, costly runoffs, and gerrymandering reveal growing cracks in U.S. election systems.

Photo by Sam LaRussa on Unsplash.

2026 Will See an Increase in Rejected Mail-In Ballots - Here's Why

While the media has kept people’s focus on the Epstein files, Venezuela, or a potential invasion of Greenland, the United States Postal Service adopted a new rule that will have a broad impact on Americans – especially in an election year in which millions of people will vote by mail.

The rule went into effect on Christmas Eve and has largely flown under the radar, with the exception of some local coverage, a report from PBS News, and Independent Voter News. It states that items mailed through USPS will no longer be postmarked on the day it is received.

Keep ReadingShow less