Litigation Prior to an Election - Litigation Before an Election

As the March 3, 2020 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 to compel changes to these materials.

These pre-election 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 December 7th to 16th.

* For challenges to ballot arguments, the period is generally December 13th to 22nd.

These dates are subject to some exceptions, and additional dates and deadlines may apply, so please contact us as soon as possible if you are considering challenging an opponent’s ballot materials.

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

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