15 results for 'cat:"Administrative Law" AND cat:"Elections"'.
Per curiam, the appellate division finds that the lower court properly granted the petition to place the candidate's name on the ballot for the primary election for the Democratic nomination for the office of Village Justice of the Village of Spring Valley. The designating petition contained 409 valid signatures, two more than required to place the candidate's name on the ballot. Incorrect addresses of two registered voters is not a fatal defect requiring the signatures to be voided. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: 02654, Categories: administrative Law, elections
J. Streeter finds that the trial court properly denied writ relief to a cardroom whose application to expand was denied by the state gambling commission. A local voter-approved measure that would enable the expansion is not exempt from the Gambling Control Act, which requires approval from the commission. Also, the ballot language for the measure did not substantially comply with a requirement for neutral, concise wording. And the commission rightly rejected the cardroom's application because the measure did not comply with statute. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 30, 2024, Case #: A168427, Categories: administrative Law, elections, Municipal Law
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: administrative Law, elections, Health Care
J. Hudson finds the trial court properly dismissed the voter advocacy group's complaint for declaratory relief. The group says voting machines used by the state are noncompliant because the voter cannot independently verify selections on the ballot prior to casting a vote. Testimony introduced at the hearing established the voter has the opportunity to review his or her selections on a summary screen. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-755, Categories: administrative Law, Constitution, 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
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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
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. Rogers finds the district court properly dismissed a group's challenge to the Federal Election Commission's dismissal of its campaign finance allegations against two presidential campaign committees. The commission's dismissal is precluded from review because it was based on its prosecutorial discretion. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: January 5, 2024, Case #: 22-5339 , Categories: administrative Law, Civil Procedure, elections
J. Wilson finds that the appellate division properly held that an independent commission could be compelled to reconvene to fulfill its duties to redraw legislative district boundaries following a decennial census. While the group's stalemate along party lines led to the judicial appointment of a special master to accomplish redistricting for elections in 2022, amendments to the state constitution mandated that the commission do the job. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: December 12, 2023, Case #: 90, Categories: administrative Law, elections
J. Jones grants the Louisiana attorney general’s request for mandamus relief seeking to vacate the district court’s remedial hearing on redistricting. The district court did not follow Supreme Court law regarding legislative reapportionment as being a matter for legislative consideration and determination. Rushing redistricting via a court-ordered map is a clear abuse of discretion for which there are no alternative challenges. Issuance of the writ is justified according to many precedents contradicting the court’s procedure.
Court: 5th Circuit, Judge: Jones, Filed On: September 28, 2023, Case #: 23-30642, Categories: administrative Law, elections, Government
J. Cooper denies, in part, the FEC's motion to dismiss two groups' challenging the dismissal of their claims regarding Jeb Bush and a super PAC's coordinated efforts during his presidential campaign in 2016. Contrary to the agency's argument, a previous rejection of the groups' organizational injury does not defeat their current organizational injury claim.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 26, 2023, Case #: 1:22cv3319, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Civil Procedure, elections
J. Garry finds that the lower court improperly held that New York fulfilled its obligations on post-2020 census redistricting by having a court-appointed "special master" draw up new districts following political deadlock of a constitutionally mandated state commission. The commission had a nondiscretionary duty to submit a second set of maps if the state legislature rejected the first set, and the special master's maps were meant to serve only the 2022 elections. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: July 13, 2023, Case #: CV-22-2265, Categories: administrative Law, elections
J. Rodriguez finds a lower court erred in finding the first assistant attorney general of Texas was immune to legal complaints over his alleged efforts to undermine the 2020 election results through allegedly false evidence and specious legal claims, including the claim that “votes were switched by a glitch with Dominion voting machines.” While the commission ultimately recommended discipline for the assistant AG, he took the matter to court, where a lower court determined he should have immunity and dismissed the commission’s claims. In fact, the lower court did have jurisdiction — and the assistant AG did not have immunity — because rather than attempting to “control state action,” the commission simply aimed to “ensure Texas-licensed attorneys, including those serving in the executive department, adhere to the disciplinary rules of professional conduct.” Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 13, 2023, Case #: 08-22-00217-CV, Categories: administrative Law, elections, Government
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