Pre-Election Litigation (March 2016) 328


As the June 7, 2016 election season heats up, candidates and consultants should keep in mind that the law allows campaigns to challenge false, misleading, or improper information which will appear in the voter information pamphlet and/or on the ballot.  These include candidate ballot designations, candidate statements, and arguments for or against ballot measures.  For the most part, filing a lawsuit is the exclusive means for compelling changes to these materials.

 

These legal challenges must be brought during very strict time periods:

 

  • For challenges to candidate ballot designations and candidate statements,  the lawsuit filing period is generally March 12 to 21.

 

  • For challenges to arguments for or against ballot measures, the period is generally March 19 to 28.

 

  • For challenges to ballot measure rebuttal arguments, the period is generally March 29 to April 7.

 

These dates are subject to some exceptions, and additional dates and deadlines may apply, so please contact us as soon as possible if you want to consider filing a lawsuit against an opponent’s ballot materials.

 

In addition, you might consider having us review your ballot designations, candidate statements, or ballot arguments before submitting them to the elections official to make them as “bulletproof” as possible with regard to a potential legal challenge.

 

If you are interested in knowing more about pre-election litigation, please feel free to contact Jim, Brad, Jonathan, Matthew or Nick.

 

THIS ALERT IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.

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