CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 8/2/2023 1

Relief from an Absentee-Ballot Application 

Deadline Because of an Overwhelmed Website 

Nicholas Jones for Congress v. Idaho Secretary of State 

(B. Lynn Winmill, D. Idaho 1:20-cv-242) 

During the 2020 Covid-19 global infectious pandemic, a federal district judge extended the absentee-ballot application deadline by one 

week because the secretary of state’s application website was overwhelmed. 

Subject: Absentee and early voting. Topics: Absentee ballots; 

Covid-19; attorney fees; primary election. 

On May 19, 2020—the deadline for requesting absentee ballots for a primary 

election in Idaho that was conducted exclusively by absentee ballot because of 

the global Covid-19 infectious pandemic—a congressional campaign filed in 

the U.S. District Court for the District of Idaho a motion for a temporary restraining order and emergency injunctive relief seeking a one-week extension 

of the deadline as a remedy for the failure of the secretary of state’s website to 

keep up with demand.1 On the following day, the campaign filed an amended 

motion adding as plaintiffs two voters who were unable to request absentee 

ballots because of the website’s failures.2

On the case’s third day, the court set the case for a video hearing before 

Judge B. Lynn Winmill at 4:00 p.m. on Friday, May 22, the case’s fourth day, 

providing in the public docket sheet information for public attendance.3

At the hearing, Judge Winmill granted the plaintiffs immediate relief: 

Defendants are ordered to extend the deadline to request an absentee ballot 

until 8:00 p.m. on May 26, 2020 and reopen the absentee ballot request website for those voters who certify that they attempted to request an absentee 

ballot before the deadline but were unable to do so. Defendants shall further 

take necessary measures to notify voters—via news and social media—that 

they will be able to request an absentee ballot before May 26, 2020 at 8:00 

p.m.4

1. Motion, Nicholas Jones for Congress v. Idaho Sec’y of State, No. 1:20-cv-242 (D. Idaho 

May 19, 2020), D.E. 1; see Thomas Plank, Idaho Candidate for US House Sues Secretary of 

State’s Office Over May 19 Website Issues, Idaho Press-Tribune, May 21, 2020, at A1. 

2. Amended Motion, Nicholas Jones for Congress, No. 1:20-cv-242 (D. Idaho May 20, 

2020), D.E. 2. 

3. Docket Sheet, id. (May 19, 2020) (D.E. 4); see Minutes, id. (May 22, 2020), D.E. 10; see 

also Hearing for Election Extension Scheduled for Friday Afternoon, Idaho Press-Tribune, May 

22, 2020, at A3. 

4. Order, Nicholas Jones for Congress, No. 1:20-cv-242 (D. Idaho May 23, 2020), D.E. 9; see

John O’Connell, Congressional Candidate Reflects on His Court “Upset” to Extend Election 

Deadline, Idaho Press-Tribune, May 26, 2020, at A5; Betsy Z. Russell, Federal Judge Extends 

Deadline for Absentee Ballots to Tuesday, Idaho Press-Tribune, May 23, 2020, at A1. 
Relief from an Absentee-Ballot Application Deadline Because of an Overwhelmed Website 

2 Federal Judicial Center 8/2/2023 

In the event, the plaintiff campaign received about twenty percent of the 

vote,5

 and the voting participation rate was higher for this primary election in 

Idaho than for any since 1980.6

Judge Winmill awarded the plaintiffs $26,873.50 in attorney fees and costs 

on September 16, 2020.7

5. See Betsy Z. Russell, Jordan Wins Primary, Will Face Risch in November, Idaho PressTribune, June 3, 2020, at A1. 

6. See Ryan Suppe, Idahoans Vote in Record Numbers for May Primary, Idaho Press-Tribune, June 4, 2020, at A1. 

7. Order, Nicholas Jones for Congress, No. 1:20-cv-242 (D. Idaho Sept. 16, 2020), D.E. 14, 

2020 WL 5549143.