Pre-Election Litigation Alert Challenging Voter Information Pamphlet Materials – July 2020


     As the November 3, 2020 election season heats up, candidates, ballot measures 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 August 8th – 17th.

*    For challenges to ballot arguments, the period is generally August 15th – 24th.

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.

In addition, you might consider having us review your ballot materials 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, Matthew, Nick, Dale or Erica.

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     Feel free to contact a Sutton Law Firm attorney or Political Compliance Specialist if you have any questions regarding reports, questionnaires, or any other political or election law concerns, especially with regard to the stay-at-home order.
THIS ALERT IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.