326 results for 'cat:"Elections"'.
[Consolidated.] J. Boggs finds that the trial courts properly dismissed the three voters' actions alleging that the voting system used in the Dec. 6, 2022 runoff election for a U.S. senate seat did not comply with Georgia law. The complaints failed to name any defendant and did not ask for a new runoff election or seek any relief with respect to the election. The voters also failed to serve any defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: June 21, 2023, Case #: S23A0583, Categories: elections
Per curiam, the Supreme Court of Ohio finds the petitioners are not entitled to a writ of mandamus to remove a proposed constitutional amendment from the August 8, 2023 special election ballot. The legislature is allowed under the state constitution to schedule a special election date not authorized by any statute. Although the state's constitution requires a specific date for general elections, there is no such restriction on special elections for constitutional amendments, so long as three-fifths of both assemblies agree to the date, and because that is the case here, the election will proceed as scheduled.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 16, 2023, Case #: 2023-Ohio-1992, Categories: Constitution, elections, Government
J. Guaderrama mostly declines to dismiss a massive civil rights lawsuit brought against Texas Governor Greg Abbott and other state officials and entities over new the latest round of Texas legislative redistricting, which civil rights groups allege violate the Voting Rights Act and the constitution. Nonetheless, there are some deficiencies involving aspects of the civil rights groups’ case — among them, Gingles claims involving state house district 31, a majority Latino district in South Texas where the longtime Latino state representative, Ryan Guillen, recently switched to the Republican Party. The civil rights groups must allege that either “Guillen will win the general election but that he is not the Latino candidate of choice” or that “if Guillen is the Latino candidate of choice, he will lose the general election due to Anglo bloc voting,” neither of which they have successfully shown.
Court: USDC Western District of Texas , Judge: Guadderama, Filed On: June 16, 2023, Case #: 3:21cv259, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, Government
Per curiam, the appellate division finds that the trial court properly dismissed claims seeking to invalidate a Democratic candidate for highway superintendent. After the court struck one signature, plaintiff failed to demonstrate the petition was permeated with fraud. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: CAE 23-00904, Categories: elections, Fraud
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J. McDonald finds the lower court properly determined in a mayoral election case that state election laws do not require a municipal court clerk to personally retrieve all mail-in ballots from drop boxes. The relevant statute, when interpreted alongside other election laws, contemplates a clerk will necessarily delegate certain responsibilities to other employees and government actors. Therefore, the lower court properly denied the mayoral candidate's request for mandamus relief. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: June 14, 2023, Case #: SC20737, Categories: elections, Government
Vice Chancellor Fioravanti denies corporate directors a preliminary injunction seeking to stop a company from holding the 2023 edition of the annual stockholders meeting because irreparable injury was not demonstrated; instead, injury had been self-inflicted due to failed strategy.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: June 14, 2023, Case #: 2023-0477-PAF, Categories: elections, Injunction
J. Miller finds that the trial court properly granted the state's motion to dismiss the voter's and non-profit organization's injunctive and declaratory relief action alleging that Georgia's ballot marking devices do not comply with state law. The non-profit claimed that the QR code generated by the ballot marking devices does not allow voters to verify whether their voting choices were accurately recorded. The non-profit failed to state a claim upon which relief could be granted or show that there is any danger of actual injury. The statute does not require that the ballot QR code be readable by a voter and the non-profit fails to dispute that voters can read their voting choices on the printed paper ballot. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 13, 2023, Case #: A23A0004, Categories: elections
J. Lange grants an organization's motion for a preliminary injunction to restrain government officials from enforcing a "limited public use policy" which restricted petition circulators to "designated areas" apart from the entrances to the Minnehaha County government buildings. The preliminary injunction restrains defendants from enforcing the policy while the matter is pending.
Court: USDC South Dakota, Judge: Lange, Filed On: June 13, 2023, Case #: 4:23cv4075, NOS: Other Civil Rights - Civil Rights, Categories: elections, First Amendment
J. Lambert finds the trial court improperly denied the city commissioner’s request for declaratory and injunctive relief to block a petition a citizen filed to recall her because the city commission held a meeting in January of 2021 that was conducted virtually due to Covid-19, a meeting at which the citizen claimed an ordinance to abolish the city’s police department was made. The citizen’s recall petition, which he filed as the recall committee's chair, was invalid because it was not filed with the city clerk as required by Florida law, and it was legally insufficient in alleging the commissioner’s “malfeasance” for having a meeting which the public could not physically attend, as adequate notice was given that the public would be able to participate in the meeting virtually, which satisfies Florida law regarding open meetings. The trial court’s order against the commissioner is reversed, as are the results of the citizen’s petition and the election to recall the commissioner. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: June 12, 2023, Case #: 23-1573, Categories: elections, Government
Per curiam, the Supreme Court of Ohio finds petitioners are entitled to a partial writ of mandamus to change the title language of the August ballot initiative regarding future changes to the Ohio Constitution. The inclusion of the word "any" is likely to confuse voters about which constitutional amendments are covered by the initiative. Therefore, the ballot initiative language will be changed to remove "any" and prevent confusion regarding whether amendments proposed by the legislature are covered under the initiative.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 12, 2023, Case #: 2023-Ohio-1928, Categories: Constitution, elections, Government
J. Boasberg partially grants the press access to records related to the grand jury subpoena of former Vice President Pence related to an investigation into the transfer of power following the 2020 election. Proper redaction will preserve grand jury secrecy, and the requested information, once redacted, will not reveal leads to other witnesses or evidence.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: June 9, 2023, Case #: 1:23mc35, NOS: Other Statutory Actions - Other Suits, Categories: elections, Government, Public Record
J. Roberts finds that the district court properly ruled that redistricting plans adopted by Alabama violate the voting rights act by discriminating against Black voters and holds that the state must redraw the maps prior to the next election. Affirmed.
Court: US Supreme Court, Judge: Roberts, Filed On: June 8, 2023, Case #: 21-1086, Categories: Civil Rights, elections
J. Wise finds that the trial court should have dissolved a temporary injunction because the relevant statute had been amended by the state legislature. Members and candidates in the Libertarian Party had obtained an injunction enjoining the Texas Secretary of the State from rejecting third-party nominees for a general election ballot for not paying a filing fee or submitting a petition in lieu thereof. The change in the law that requires a fee/petition as a prerequisite to nomination nullifies the basis for the temporary injunction. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: June 8, 2023, Case #: 14-22-00091-CV, Categories: Civil Procedure, elections, Government
J. Chamberlain finds the lower court improperly ordered a potential candidate’s name to be placed on a ballot as a qualified candidate. The candidate filed a petition for judicial review after his qualifications had been challenged, and the Democratic Party Executive Committee disqualified him, and the lower court found in his favor. But the instant court finds the candidate filed his petition for judicial review outside the 15-day mandated filing period, making his petition time-barred. Reversed.
Court: Mississippi Supreme Court, Judge: Chamberlin, Filed On: June 8, 2023, Case #: 2023-EC-00611-SCT, Categories: elections
Per curiam, the appeals court dismisses this petition for mandamus brought by voters seeking information about the accuracy of voting machines used in an election approving the Magnolia school district’s issuing of $228 million in school bonds. This court lacks jurisdiction to compel election officials in their duties in this case as the relator filed petition after the results were finalized.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 8, 2023, Case #: 09-23-00128-CV, Categories: Education, elections, Jurisdiction
[Modified.] J. Wiley modifies more than a dozen sentences in a defamation opinion with no change in judgment. The trial court erred in granting Rep. Maxine Waters' anti-SLAPP motion in a defamation case over for an allegation she made during the 2020 election campaign. Evidence shows the possibility that Waters, who said her opponent had been dishonorably discharged from the Navy, willfully disregarded available information to the contrary. Her opponent sufficiently showed that Waters had not taken the minimal steps required to investigate the evidence he claimed showed his discharge had been honorable, so his defamation claim should have been allowed to proceed. Vacated.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 5, 2023, Case #: B312937, Categories: Anti-slapp, elections, Defamation
Per curiam, the Supreme Court of Ohio finds the Ohio Ballot Board properly certified the "Right to Reproductive Freedom" constitutional amendment because the ballot initiative includes a single amendment to the Ohio Constitution. Although the amendment includes language regarding abortion, contraception and fertility treatments, the entirety of the bill is related to a single purpose, reproductive rights, and satisfies Ohio election requirements. Therefore, the voters are not entitled to a writ of mandamus to compel a reversal of the board's decision.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 1, 2023, Case #: 2023-Ohio-1823, Categories: Constitution, elections
J. Hull finds the trial court properly denied the petitioner’s request for a writ of mandate seeking a manual recount of ballots that had been early “machine read,” by jurisdictions “having the necessary computer capability,” which the petitioner claims violate election code prohibiting accessing and releasing a vote count prior to the day of an election. Election code allows counties to begin scanning ballots on the 10th business day before the election. This is not a process of tabulation. The petitioner has failed to demonstrate any law violation. Other claims lack merit. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: May 26, 2023, Case #: C093916, Categories: Administrative Law, elections, Technology
J. Gildea partially reverses the Court of Appeals' decision regarding an administrative rule governing the handling of absentee ballots. While the Court of Appeals correctly held that there was no conflict between state statute and a portion of the rule that prohibits ballot board members from rejecting ballots because they are signed with a nickname, an existing statute conflicts with the portion of the rule which outlines a process for ballot board members to review ballots where the voter's identification number does not match the one on the signature envelope the ballot is sent in.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: May 24, 2023, Case #: A22-0111, Categories: elections, Preemption
J. Anderson affirms the district court's finding that language in a proposed charter amendment that has been deemed unconstitutional is not severable from the rest of the amendment. The purpose of the amendment, which would have overhauled the city's municipal elections, is fundamentally tied to the unconstitutional language, which would have blocked the use of ranked-choice voting unless previously approved by voters in a manner preempted by state statute. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 24, 2023, Case #: A22-1190, Categories: Constitution, elections, Municipal Law
J. Montenegro grants a San Diego County Board of Supervisors' motion to dismiss a registered voter's lawsuit seeking to decertify the November 2020 elections results and to require California to stop using any electronic election machines. The voter lacks standing as she has not shown that she has suffered a concrete injury. She does not specifically allege that she voted in any of the three elections challenged in the complaint and only alleges a general grievance about the voting system, which is insufficient to establish standing under Article III.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: May 24, 2023, Case #: 3:22cv1651, NOS: Voting - Civil Rights, Categories: elections