Silvestri Seeks Emergency Court Relief from Infringement on His Right to Access the Ballot

Marc Silvestri, Candidate for State Representative, 19th Suffolk, is filing an emergency petition for relief with the Single Justice of the Supreme Judicial Court on the basis that his constitutional right to access the ballot was infringed. 

“We are living in unprecedented times and being forced to comply with the pre-pandemic signature requirement is unconstitutional in light of the public health risks,” Silvestri said. “For this reason, I am seeking to have the same relief afforded to me as was afforded to the State Representative candidates in 2020.” 

Every candidate seeking to get their name on the ballot for the March 2 Democratic primary for State Representative, 19th Suffolk was “unduly burdened” by being forced to obtain the pre-pandemic number of certified signatures during the height of the pandemic’s most recent surge. This statement is true whether or not the candidate gathered a number that exc eeded the pre-pandemic amount necessary to get on the ballot. The public health risks that come with the gathering of “wet” signatures — when a person signs their name on a nomination paper in ink — triggers the unconstitutionality.

The Secretary of State’s refusal to print Marc Silvestri’s name on the ballot because he did not exceed the pre-pandemic number of certified signatures is an infringement on Silvestri’s right to access the ballot. Silvestri secured more than enough certified signatures to meet the modified requirements instituted by the Supreme Judicial Court in its April 2020 decision of Goldstein et al v. Galvin. The Court noted, in the Goldstein decision, that it was compelled to act because the Legislature had not yet taken decisive action regarding the signature requirement during the pandemic.  And, to this day, the Legislature has still not taken action.  Given that there has been no change in the public health risks from those that existed at the time of the Goldstein decision, Marc Silvestri requests the Single Justice find that he did, in fact, meet the requirements necessary for his name to appear on the ballot for the Democratic primary on March 2nd.

Marc Silvestri is running for State Representative of the 19th Suffolk District. Marc is a veteran and third-generation resident of Revere whose journey and sacrifice have  inspired him to seek public office.  Learn more about Marc’s campaign at votemarc.com.