326 results for 'cat:"Elections"'.
[Consolidated.] Per curiam, the court of appeals denies the petitions for mandamus to compel the Conroe city secretary to reject certain applications to appear on the city's general election ballot. Petitioners say the applications are deficient in terms of signatures and certifications, but they have not made factual determinations and have not shown entitlement to relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 09-24-00091-CV, Categories: Administrative Law, elections, Municipal Law
J. Clay finds the lower court erroneously granted the board of elections' motion to dismiss for lack of standing. It and the Secretary of State's definitive statements that posting "ballot selfies" online is against Ohio election laws demonstrate a credible threat of enforcement that gives the voter standing to challenge the laws on First Amendment grounds. Although the board claims it has not monitored social media for such posts since 2019, it has continuously told voters publishing images of ballots is a criminal offense, while a 2019 order by the board to an online poster to remove an image also chills protected speech and allows the suit to proceed. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: March 14, 2024, Case #: 23-3330, Categories: elections, First Amendment
J. Griesbach grants the motion to dismiss from the members of the state elections commission in a lawsuit from an "election integrity" group claiming the members unlawfully dismissed the group's two administrative complaints claiming violations of the Help America Vote Act through mishandling overseas absentee votes and improperly maintaining Wisconsin's voter registration database. The group has failed to establish Article III standing because they have proven no concrete harm, but their complaint will be dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 13, 2024, Case #: 1:23cv1416, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, elections
[Consolidated.] J. Biggs denies the state board of elections’ motion for summary judgment in an ongoing suit brought by the NAACP for alleged voting rights violations. While the board argues that the NAACP fails to demonstrate that things like requiring voters to have photo identification has racially discriminatory intent, the NAACP is correct that such requirements have historically been dsicriminatory. This and other genuine disputes of fact still exist.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, Government
[Consolidated.] J. Gilson finds that the trial court improperly dismissed claims in which community organizers challenged the redrawing of six election wards by the commission because the claims were not untimely, and the court merely concluded the wards were considered "compact" under municipal law. However, evidence does not indicate the new wards purposely diluted votes from certain groups. Reversed in part.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 12, 2024, Case #: A-0356-22, Categories: Civil Procedure, elections
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J. Steward finds that the lower court properly denied a motion brought by an elected constable who was vacated from office for allegedly not timely paying the security bond. Because the constable filed his official bond before he took office, it was not untimely, so the certification of vacancy by Gov. Ivey was in error. However, the constable framed the issue as that of a conflict between two statutes, but his argument is incorrect. The trial court can't be faulted for rejecting the constable's sole argument. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: March 8, 2024, Case #: SC-2023-0496, Categories: elections, Government
J. Massa finds that the trial court should have removed a senatorial candidate from the ballot because he failed to demonstrate that he was unfairly or unconstitutionally required to vote in consecutive republican primaries before running for office in that particular party, as he had not received differential treatment from other candidates. Reversed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 6, 2024, Case #: 23S-PL-371, Categories: Civil Rights, Constitution, elections
J. Mitchell finds that the lower court improperly enjoined the Board of Elections from counting and reporting votes related to the "Bring Chicago Home" referendum on the March 19, 2024 ballot, which relates to the creation of a graduated transfer tax on Chicago real estate. The complaint challenging the proposed initiative is premature, and the lower court erred by interfering with the legislative process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: March 6, 2024, Case #: 240417, Categories: elections, Real Estate, Tax
J. Markman finds that the trial court erred in intervening in a disputed election for the president of a private association. Substantial evidence did not support findings that the association's bylaws were clear and unambiguous or that a new election was required. Reversed.
Court: California Courts Of Appeal, Judge: Markman, Filed On: March 5, 2024, Case #: A165514, Categories: elections, Remedies
Per curiam, the U.S. Supreme Court finds that the Colorado Supreme Court improperly excluded Donald Trump from the 2024 election ballot for inciting a fatal and destructive riot after he lost the 2020 election because only Congress has the power to declare someone ineligible for becoming president under the fourteenth amendment. Reversed.
Court: US Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-719, Categories: Constitution, elections, Government
J. Richardson grants the state defendants' dismissal motion in this voter lawsuit challenging the constitutionality of certain statutes, alleging that the statutes "deter voting" and chill "freedom of political speech." The voter plaintiffs contend that the sections at issue, which are meant to prevent "cross-over voting" in the primary elections, are void for vagueness. But the court finds that the plaintiffs lack standing.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 4, 2024, Case #: 3:23cv1256, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, Jurisdiction
J. Henderson finds that the superior court properly determined that the winning candidate in a 2022 state legislature election is eligible to serve. Representative Jennifer Armstrong “met the constitutional requirements, including the three-year state residency requirement, for serving in the legislature.” Affirmed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: March 1, 2024, Case #: S-18619, Categories: elections, Government
J. Quattlebaum upholds the dismissal of two parents’ claims challenging the constitutionality of their county school board’s election process for choosing a high school student-member of the board. It does not violate the free exercise of religion because the county does not allow any sort of private school, religious or nonreligious, to participate in selecting the student member. It does not violate the equal protection clause because the process does not need to conform to the principle of “one person, one vote,” as prospective student members do not participate in a popular election but instead are appointed for what is essentially a civics laboratory. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: February 28, 2024, Case #: 22-2294, Categories: Education, elections, Equal Protection
J. Oxley quashes subpoenas issued to non-party legislators after the League of Latin American Citizens of Iowa challenged state election laws shortening voter registration time because the state constitution protects legislators from being compelled to produce documents when communications relate directly to the process of considering and enacting legislation.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: February 23, 2024, Case #: 22–0401, Categories: elections, Discovery
[Consolidated.] J. Burns denies the city’s motion for rehearing in this case where the trial court properly tossed a taxpayer challenge to an initiative to raise the county sales tax by 0.5% to fund early childhood education and pediatric care. The opinion shall be modified and there shall be no change to the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: February 23, 2024, Case #: A166401, Categories: elections, Tax
J. Tunheim grants the contest entrant's motion to confirm an arbitration award in a dispute centered on a promised reward for proof that data the pillow magnate used to dispute the 2020 election did not "reflect information related to the November 2020 election." An arbitration panel's did not exceed its authority in interpreting the parties' contract by determining that the contestant's finding that the data did not contain any packet capture data, which would be expected given the way the magnate claimed to have obtained the data, was sufficient to fulfill the contest's terms.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 21, 2024, Case #: 0:23cv1433, NOS: Arbitration - Other Suits, Categories: Arbitration, elections, Contract
J. Wooten finds that the lower court improperly declared that Local Law No. 11 does not violate the New York State Election Law. The law created a new class of voters called "municipal voters" who would be entitled to vote in municipal elections if they are authorized to work in the U.S. and a resident of New York City for more than 30 days. It would authorize approximately 800,000 non-U.S. citizens to vote and dramatically increase the pool of eligible voters. However, the law violates the New York State Constitution that limits voting exclusively to "citizens." Reversed.
Court: New York Appellate Divisions, Judge: Wooten, Filed On: February 21, 2024, Case #: 00891, Categories: Constitution, elections
J. Magnsuon denies the activists' motion for a preliminary injunction and dismisses their case asserting that the use of data from drivers' license databases to conduct state-sponsored voter-registration drives violates the federal Drivers Protection and Privacy Act. Sovereign immunity bars the activists' claims and there are no allegations in the complaint suggesting that the defendant state officials bear more than official responsibility for enforcing a legitimately enacted state policy. This suit, therefore, is substantially a suit against the state rather than the officials.
Court: USDC Minnesota, Judge: Magnuson, Filed On: February 20, 2024, Case #: 0:23cv3159, NOS: Other Statutory Actions - Other Suits, Categories: elections, Immunity, Privacy
J. Albrecht finds that the lower court properly found the candidates' circulator affidavits complied with statutory requirements and allowed them to be included on the March 2024 primary election ballot as candidates for nomination of the Democratic Party for election to the office of Appellate Court Judge in the First District of the State of Illinois. The circulators substantially complied with the law when they claimed the signatures were collected between September 5 and December 4, 2023, even if the nominating petitions were filed on November 27. Affirmed.
Court: Missouri Court Of Appeals, Judge: Albrecht, Filed On: February 20, 2024, Case #: 240224, Categories: elections
J. Childs upholds the district court's ruling the government properly redacted the names of certain low-level employees from a spreadsheet of salaries of those who worked on former President Trump's outgoing transition teams in a news publication's Freedom of Information Act case. The redactions were proper under exemption 6 under the Act, as release of the information would have been an invasion of privacy. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 16, 2024, Case #: 22-5330 , Categories: elections, Public Record, Privacy
J. Smith finds the district court improperly determined that legislative privilege did not apply to discovery documents sought by the migrant worker advocacy group. The documents were exchanged between the Texas legislature and members of the state executive branch, and involve elections integrity. The advocacy group alleges the legislature enacted the relevant elections integrity bill intending to discriminate against minorities. This fails to implicate federal interest beyond constitutional or statutory claims of racial animus. Legislative privilege was properly invoked and protects the documents. Reversed.
Court: 5th Circuit, Judge: Smith, Filed On: February 16, 2024, Case #: 23-50201, Categories: elections, Immigration, Privilege
J. Carroll finds the trial court properly dismissed, for lack of standing, a voter’s complaint contesting the 2022 general election. The voter alleged that casting votes by mail was fraudulent because of “vote harvesting.” The voter failed to plead the allegations to survive the dismissal. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 16, 2024, Case #: 23-AP-251, Categories: elections
J. Codrington finds that the trial court properly granted a fire district's petition to disqualify a ballot initiative seeking to repeal a special tax. The fire district was not required to show intent or a misdemeanor violation for the trial court to find that the initiative was invalid due to language that falsely implied the tax was illegal and unconstitutional despite case law and statutory law that established otherwise. Affirmed.
Court: California Courts Of Appeal, Judge: Codrington, Filed On: February 14, 2024, Case #: E079130, Categories: elections, Tax
J. Biggs overrules the North Carolina NAACP’s objection to a magistrate judge’s order denying the NAACP’s motion to reopen discovery in this case challenging a state Senate bill regarding voter identification requirements. The NAACP claims the bill is unconstitutional and discriminatory and made a motion for a brief period in which to reopen and update discovery in light of newly admitted parties. The magistrate judge necessarily denied the motion after allowing the NAACP to propose it to the state board parties first, who denied it. Also, the NAACP claims that the state board parties are obligated to present all public records concerning the Senate bill, the decision about which is given back to the magistrate judge.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 12, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Constitution, elections, Government
J. Dick, ruling in a 91-page decision after a seven-day nonjury trial in December 2023, finds the state House and Senate electoral maps enacted by the Louisiana legislature violates the federal Voting Rights Act. Black litigants satisfied their burden of proving the electoral maps drawn by state legislators unlawfully dilutes black voting strength.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: February 8, 2024, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, Government
Per curiam, the Minnesota Supreme Court finds that the voters have standing to assert that it would be error to place former President Donald Trump's name on 2024 presidential ballots, but that only their claim regarding the 2024 Republican Party primary ballot is ripe. It is not error to place Trump's name on the ballot, since the Minnesota Legislature has established that primaries are internal party elections, and therefore do not implicate the Fourteenth Amendment of the U.S. Constitution, under which the voters have claimed Trump is ineligible because of his alleged participation in an insurrection against the United States.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: February 7, 2024, Case #: A23-1354, Categories: Constitution, elections