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

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