Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 23 of 30
advancement of political beliefs,” and on the voters’ right “to cast their votes effectively.”
Williams, 393 U.S. at 30. The Court ultimately need not determine whether this burden was so
severe that strict scrutiny is warranted, because even under the more lenient balancing test for
“reasonable and nondiscriminatory restrictions,” Price, 540 F.3d at 109, Defendants’
justifications cannot support their weighty imposition on Plaintiffs’ and Plaintiff-Intervenors’
right to free association.
d. State Justifications
The April 27 Resolution removing the ten presidential contenders from the primary ballot
did not provide a reason for the action, beyond stating that candidates had “publicly announced
that they are no longer seeking the nomination for the office of president of the United States, or
that they are terminating or suspending their campaign.” April 27 Resolution at 1. Defendants
argue that removing Yang, Sanders, and the others from the ballot, and canceling the presidential
primary, is necessary to combat the public health risk posed by COVID-19. Def. Opp. at 17–18.
They stress that minimizing social contact is the most important tool available for preventing the
spread of the virus. Id. at 18. And they maintain that holding the presidential primary will
dramatically increase the possibility of social contact, for two reasons. First, in a number of
localities, the presidential primary was the only election scheduled for June 23. Robert A.
Brehm, co-executive director of the BOE, states that if the primary does not take place, the need
to hold an election would be eliminated to some extent in jurisdictions located in 35 counties
statewide; seven counties would have no elections at all on June 23, and municipalities within 11
other counties would have no elections. Brehm Decl. ¶ 40. Second, even where other elections
are scheduled for June 23, canceling the presidential primary might reduce the number of voters
for whom an election is held, as well as the quantity of voters interested in turning out. See id.
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents