CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/16/2023 1

No Pandemic Relief 

from a Ballot-Petition Signature Requirement 

for Signatures Due Very Early in the Pandemic 

Garcia v. Griswold 

(William J. Martínez, D. Colo. 1:20-cv-1268) 

A prospective primary-election candidate sought relief from a state 

supreme court denying her relief from the ballot-petition signature 

requirement despite social distancing made necessary by a global infectious pandemic. The federal district judge denied the candidate 

relief because of her delay in bringing the case and because the pandemic had a small impact on signature gathering, as signatures were 

due early in the pandemic. 

Subject: Getting on the ballot. Topics: Getting on the ballot; 

Covid-19; laches; intervention; primary election; matters for state 

courts; case assignment. 

A prospective primary-election candidate for the U.S. Senate filed a federal 

complaint in the District of Colorado on May 6, 2020, challenging the constitutionality of a state supreme-court ruling denying her a position on the June 

ballot for not obtaining enough ballot-petition signatures despite the signature-gathering obstacles posed by the global Covid-19 infectious pandemic.1

Noting that the ballot would be certified on the following day, the prospective 

candidate and her campaign filed with their complaint a motion for a temporary restraining order and a preliminary injunction.2

Senior Judge Lewis T. Babcock declined the case.3 On May 7, Judge William J. Martínez denied the plaintiffs immediate relief, promising a detailed 

written order later.4 As the signature-submission deadline was March 17, the 

defendants were prejudiced by laches.5 On March 17, moreover, social distancing made necessary by the pandemic was still in its early days, so it could 

only have a limited impact on signature gathering.6

Because of the complexities of the case, Judge Martínez knew that he had 

to call the balls and strikes immediately and issue a thoughtful explanation of 

1. Complaint, Garcia v. Griswold, No. 1:20-cv-1268 (D. Colo. May 6, 2020), D.E. 1. See 

generally Colorado Supreme Court Rules U.S. Senate Candidate Doesn’t Belong on Ballot After 

All, Denver Post, May 5, 2020, at 2A (reporting on a decision in another prospective candidate’s case). 

2. Motion, Garcia, No. 1:20-cv-1268 (D. Colo. May 6, 2020), D.E. 7. 

3. Notice, id. (May 7, 2020), D.E. 11. 

4. Order, id. (May 7, 2020), D.E. 12 [hereinafter May 7, 2020, Order], 2020 WL 2505888. 

Tim Reagan interviewed Judge Martínez for this report by telephone on October 27, 2020. 

5. May 7, 2020, Order, supra at 4 (noting that even the state-court action was not filed until 

April 24). 

6. Id. at 3. 
No Pandemic Relief from a Ballot-Petition Signature Requirement 

for Signatures Due Very Early in the Pandemic 

2 Federal Judicial Center 10/16/2023 

his decision later.7 He issued a detailed opinion on July 158 and an amended 

opinion on August 21.9

A prospective candidate for the state legislature had moved to intervene in 

the case on May 7,10 but she withdrew her motion on May 11 in light of Judge 

Martínez’s decision.11

The parties stipulated dismissal of the action on August 28.12

7. Interview with Judge William J. Martínez, Oct. 27, 2020. 

8. Opinion, Garcia, No. 1:20-cv-1268 (D. Colo. July 17, 2020), D.E. 24, 2020 WL 4003648. 

9. Opinion, id. (Aug. 21, 2020), D.E. 24, 2020 WL 4926051. 

10. Intervention Motion, id. (May 7, 2020), D.E. 10. 

11. Motion Withdrawal, id. (May 11, 2020), D.E. 18. 

12. Stipulated Dismissal, id. (Aug. 28, 2020), D.E. 31.