An Historic Victory For Democracy as the Massachusetts Supreme Judicial Court Rules in Favor of Providing Candidates Emergency Relief on Signatures for Ballot Access Amidst COVID-19
April 17, 2020
Today, the Massachusetts Supreme Judicial Court made a ruling in the highly anticipated Goldstein v Secretary of the Commonwealth case relating to the signature requirement for ballot access during the COVID-19 pandemic. Ropes & Gray, a global law firm with offices in Boston, filed the suit on behalf of the plaintiffs, Dr. Robbie Goldstein - candidate for U.S. House, Kevin O’Connor - candidate for U.S. Senate, and Melissa Bower Smith - candidate for State Representative.
“Today’s historic decision by the SJC is a win for public health and a win for democracy,” said Goldstein. “Voters in the Commonwealth have a fundamental right to decide who they want to represent them in Washington and on Beacon Hill; today’s ruling protects that right. Today, we proved once again that our democracy, if protected and fought for, is unshakeable in the face of existential threats, including a global pandemic.”
“I’m pleased with the outcome. As an infectious disease physician, I could not in good conscience put my campaign above the health and safety of countless volunteers and election clerks. I’m also proud to have had the opportunity to stand shoulder to shoulder with the other brave candidates as we led an important fight that could very well ripple across generations yet to come. “
The lawsuit sought emergency relief for candidates who are running for the September 1st primary. In order to secure a spot on the ballot, candidates must collect a predetermined number of voter signatures ranging from 150 to 10,000, depending on the seat being sought. Normally, campaigns do this by going to grocery stores, party caucuses, and other public places and gatherings. In light of COVID-19, it is not possible to collect signatures via normal means, thus leaving candidates with no safe, reasonable way to meet signature requirements.
The SJC ruled in favor of the plaintiffs, ordering three forms of relief for candidates seeking elective office:
The number of required signatures will be reduced by fifty percent (50%).
An extended deadline for candidates running for state district and county offices to submit their nomination papers to local election officials for certification and for the filing of certified nomination papers with the Secretary to May 5, 2020, and June 2, 2020, respectively,
The SJC ordered the Secretary of the Commonwealth to allow the submission and filing of nomination papers with electronic signatures.
Though multiple bills were filed in the Massachusetts Legislature to address this critical issue, none had cleared both chambers, forcing the court to act immediately.