328 results for 'cat:"Elections"'.
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
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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
J. Traynor grants the State Election Director of North Dakota's motion for dismissal after the county auditor speculated that North Dakota’s process violates federal election law concerning the post-marked date of absentee ballots and alleged that the North Dakota system is at odds with the Constitution. The county auditor's position simply requires the auditor to to perform his duties as a North Dakota election official to the best of his ability. The auditor's risk of criminal prosecution is speculative and does not constitute an injury in fact.
Court: USDC North Dakota , Judge: Traynor, Filed On: February 2, 2024, Case #: 1:23cv123, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, elections
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to compel the board of elections to remove a zoning issue from the March 2024 primary election ballot. The ballot referendum contained a valid number of signatures because the amendment to Ohio's election procedures regarding signature numbers did not apply retroactively and went into effect after the zoning issue was certified. Meanwhile, the zoning issue includes required language and properly informs voters of the issue to be decided; therefore, the board of elections properly certified the issue for placement on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 2024-Ohio-379, Categories: Civil Procedure, elections, Zoning
Per curiam, the supreme court finds that Democratic presidential candidate Dean Phillips must be added to Wisconsin's ballot for the presidential preference primary on April 2, 2024, as the selection committee failed to exercise its necessary discretion to determine whether he met the requirements for ballot inclusion.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 2024AP000138-OA, Categories: elections
J. Brimmer denies the Colorado Republican Party an injunction in claims challenging the constitutionality of Proposition 108, which allows
voters not affiliated with a political party to vote in nonpresidential primary elections, because the party failed to demonstrate the proposition imposes a severe burden on all political parties or that a party’s nominee would be “determined by adherents of an opposing party.”
Court: USDC Colorado, Judge: Brimmer, Filed On: February 2, 2024, Case #: 1:23cv1948, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, elections
J. Goree finds the county court properly dismissed the former labor commissioner candidate's RICO counterclaim. The consulting firm says the candidate committed slander and invasion of privacy with a press release suggesting it sought to discredit him, while his counterclaim alleged extortion, wire fraud and mail fraud. The object of allegedly fraudulent mailers and TV ads was to influence voters, not to deprive the candidate of money or property. Pleadings involving mail and wire fraud are insufficient, while there is also no pattern of racketeering. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Goree , Filed On: February 1, 2024, Case #: 121445, Categories: elections, Fraud, Damages
Per curiam, the Supreme Court finds that after Ballot Measure 113 passed, the secretary of state properly applied the disqualification of any state legislator who accrues 10 or more unexcused absences during a legislative session to a legislator’s next term of office. “Voters…understood the disqualification to apply to the term of office immediately following the term in which a legislator accrued 10 or more unexcused absences."
Court: Oregon Supreme Court, Judge: Per curiam, Filed On: February 1, 2024, Case #: S070456, Categories: elections
J. Johnson grants, in part, the New Mexico Republican Party's motion for attorney fees, ruling that while its successes on the merits of its lawsuit entitles it to an award of fees, the requested amount includes duplicative billing and non-compensable clerical work that must be removed; therefore, the law firm will be awarded more than $472,000 in fees.
Court: USDC New Mexico, Judge: Johnson, Filed On: January 31, 2024, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, elections, Attorney Fees
J. McGrath finds that the district court abused its discretion in denying attorney fees under the private attorney general doctrine. A bill passed in 2021 was challenged on the constitutional grounds that last-minute amendments changed its original purpose and that the bill violated the single-subject rule. Attorney fees are due because the successful effort was a vindication of important constitutional rights, private enforcement was necessary and the challenge addressed issues of statewide importance. Reversed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: January 31, 2024, Case #: DA 22-0639, Categories: Constitution, elections, Attorney Fees
[Consolidated.] J. Burns finds that the trial court properly tossed a taxpayer challenge to an initiative to raise a county sales tax by one-half percent to fund early childhood education and pediatric care. While the state constitution requires electors to pass tax increases by a two-thirds majority, a simple majority vote is required to pass a citizen initiative. Also, the initiative did not violate the single-subject rule since early childhood education and healthcare are functionally related. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: January 29, 2024, Case #: A166401, Categories: elections, Tax
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to remove Steven Kraus from the March 2024 primary ballot as a candidate for the Ohio House of Representatives. Although he was convicted of a felony for theft from an elderly person in 2015, the position for which he is running does not involve control or management of any state agency or political subdivision and, therefore, he is not barred from running under the state's disqualification statute.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 29, 2024, Case #: 2024-Ohio-290, Categories: Civil Procedure, elections, Government
J. Dever denies two voters from a majority-Black Senate district in northeast North Carolina their motion for an extraordinary, mandatory preliminary injunction, which they claim is necessary to then establish a racially gerrymandered district in order to abide by the Voting Rights Act of 1965. The voters allege that the General Assembly violated the Act precisely because it did not engage in race-based district creation, disadvantaging Black voters in majority-white state. However, as the 2024 elections are already under way, the two voters fail to show that the Voting Rights Act needs this injunction to initiate race-based grouping of voters, and doing so would likely confuse voters and create chaos that could compromise election integrity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 26, 2024, Case #: 4:23cv193, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, Government
J. Hurson denies a financial company’s motion for a preliminary injunction and motion for a hearing on the preliminary injunction in this Securities Exchange Act case stemming from a husband-and-wife corporation. The financial company seeks a preliminary injunction from making false or misleading statements and to enjoin the husband-and-wife corporation from violating security laws. The husband is also a board member of the financial company, he set out for a takeover of the company to benefit him and his wife’s corporation by solicitating proxies for elections of directors. A motion for reconsideration of the injunction may be appropriate after the outcome of the circuit court hearing.
Court: USDC Maryland, Judge: Hurson, Filed On: January 26, 2024, Case #: 1:23cv2720, NOS: Securities/Commodities/Exchange - Other Suits, Categories: elections, Securities, Injunction
J. Quinn finds that the lower court properly denied the Texas Secretary of State's plea to the jurisdiction in this election contest regarding certain "ballot language used to identify and describe a proposed constitutional amendment allowing counties to fund various projects." Contrary to her contention, the separation of powers doctrine does not bar the lower court "from adjudicating the controversy." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 25, 2024, Case #: 07-23-00031-CV, Categories: Civil Procedure, elections
Per curiam, the Maine Supreme Court dismisses this appeal pertaining to Donald Trump's candidacy for the Maine Republican Party's presidential primary on March 5, 2024. The Secretary of State, who previously determined that Trump's petition was invalid, appeals the lower court order remanding the matter to the Secretary of State. However, the remand order is "interlocutory and not justiciable," meaning the appeal is due to be dismissed.
Court: Maine Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024ME5, Categories: Civil Procedure, elections
J. Bustamante finds the failure to hold a pre-decision hearing by the Albuquerque city clerk did not violate the due process rights of the mayoral candidate who applied for public campaign financing. The denial of such financing is not a "death knell" to a campaign that warrants such constitutional protections, while the candidate was also fully aware of complaints against him before he submitted his application. The candidate was also able to present testimony and evidence to support his application at an appeal hearing that took place less than a week after the initial decision; therefore, no due process violation occurred. Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 23, 2024, Case #: A-1-CA-39971, Categories: Constitution, elections, Due Process
J. Schroeder partially grants motions for preliminary injunction put forth by the Democratic National Committee and other groups and individuals across two identical, but not consolidated, cases in the interest of protecting same-day voter registrations. Currently, North Carolina practices non-forwardable voter registration verification, meaning when someone registers to vote and votes on the same day, they are sent a card to the address under which they registered. Then, if the state board of elections does not receive said card, the voter’s ballot is removed from the official count. The verification process is essential to protecting legitimate elections. However, the national committee has shown that the potential harm caused to voters by continuing this process without giving them notice and a chance to prove their residency is likely more egregious than the possible harm to the government if the process remains the same. Therefore, the state is enjoined from removing same-day voters’ ballots until they have been given notice and have a chance to verify their addresses.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: January 21, 2024, Case #: 1:23cv862, NOS: Voting - Civil Rights, Categories: elections, Government, Injunction
J. Cole grants the Republican Senatorial Committee's motion to certify, ruling the question of whether coordinated party expenditure limits in the Federal Election Campaign Act violate the committee and candidate's First Amendment rights must be posed to the en banc Sixth Circuit. The committee and Senator J.D. Vance have altered fundraising operations under threat of enforcement, which grants them standing to challenge the restrictions, and while the U.S. Supreme Court has ruled on the constitutionality of expenditure limits in Colorado II, the specific nature of the question at issue in this case warrants consideration by the appeals court regardless of binding precedent.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 19, 2024, Case #: 1:22cv639, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, elections, First Amendment
J. Rao upholds the district court's dismissal of a group's action challenging the Federal Election Commission's dismissal of its two administrative complaints, in which the group claims a Republican PAC and Senator Rick Scott violated certain election laws. The first dismissal was unreviewable based on prosecutorial discretion, and the second dismissal was reasonably based on record evidence that there was no reason to believe a violation had occurred. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: January 19, 2024, Case #: 22-5277 , Categories: Administrative Law, elections
J. Bailey grants, in part, the petition for a writ of mandamus to order city commissioners to proceed with a recall election. The relator contends that he turned in petitions for two commissioners to be recalled, but the city has not taken action to schedule the recall election. The court concludes that city is directed to schedule a special election to recall two commissioners within 15 to 30 days. The petition is denied with respect as to Judge Hullum because full relief has been afforded in ordering the recall election to proceed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 18, 2024, Case #: 11-23-00283-CV, Categories: elections, Government
J. Benavides finds that the trial court properly denied a man’s motion to dismiss his Texas Citizens Participation Act claims brought by a woman under the Texas Election Code. The parties dispute whether TCPA applies in the woman’s challenged claims. “To be entitled to damages, the plaintiff must also demonstrate that the contribution or expenditure was made in opposition to the plaintiff’s candidacy or in support of the defendant’s candidacy.” The woman demonstrated a prima facie case with clear evidence of her financial records. As for the man’s constitutionally contentions they are overruled because the trial court has not considered the challenge.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-23-00091-CV, Categories: Anti-slapp, elections