68 results for 'cat:"Civil Rights" AND cat:"Elections"'.
J. Auld partially strikes certain witnesses and evidence from being brought by the NAACP against North Carolina and its Board of Elections, whose photo ID requirements for voters are allegedly racially discriminatory. The court says the NAACP failed to properly identify certain witnesses, such as some people who are said to have assisted voters with provisional votes due to the photo ID laws, so those witnesses may not be brought to testify at trial, nor may some of the documents relating to the implementation of those laws.
Court: USDC Middle District of North Carolina, Judge: Auld, Filed On: April 29, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: civil Rights, elections, Evidence
J. Biggs partially sustains a civil rights advocacy organization’s rejection of a magistrate judge’s memorandum opinion and recommendation in this ongoing voting rights suit. The judge incorrectly employed the moot doctrine because, although an amendment to a bill — which would prosecute anyone convicted of a crime if they vote — included a scienter requirement, the organization still has a concrete interest in the outcome of this litigation. The scienter requirement is still not specific enough about how someone convicted of a crime would restore the rights of their citizenship, so it is too vague and violates equal protection and due process rights. Thus, the organization still has a demonstrable interest, which the judge should have recognized, and the organization can proceed on a summary judgment motion.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: April 22, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: civil Rights, Constitution, elections
J. Campbell grants in part the Tennessee NAACP's motion for summary judgment as to certain counts in this lawsuit concerning the state's voter registration forms and its processing of those forms, particularly as it relates to individuals convicted of a felony. The court concludes that the forms at issue fail to comply with the National Voter Registration Act requirement to inform "applicants of voter eligibility requirements." The court cannot establish the "level of specificity" required, however, based on the parties' insufficient briefing.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: April 18, 2024, Case #: 3:20cv1039, NOS: Voting - Civil Rights, Categories: civil Rights, elections
J. Veljacic finds that the lower court improperly granted summary judgment in favor of a homeowners association after a household sued them when they were forced by the HOA to remove a political sign in their yard. They were forced to remove the sign just prior to a primary election, and the local laws governing political signs "unambiguously disallows" an HOA from prohibiting yard signs before an election. Reversed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 9, 2024, Case #: 57740-2-II, Categories: civil Rights, elections
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Per curiam, the Fifth Circuit finds the district court properly dismissed the voters’ suit challenging Texas’ use of electronic voting machines. The generalized grievance that all voters’ votes are made vulnerable by the machines does not confer standing. Though certain of the voters ran for office, and one currently holds office, candidate-specific injuries exist nowhere in the complaint. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 23-10936, Categories: civil Rights, elections, Government
J. Gustafson finds that the Attorney General's ballot statement, which was prepared in response to an order from this court, fails to meet the statutory requirement to inform voters about an initiative's provisions. Instead, the statement covers topics not addressed by the initiative. And the ballot statement prepared by the authors of the initiative also misstates the scope of the proposed constitutional amendment, which would create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. Therefore, a ballot statement prepared by the court is certified by the court.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 1, 2024, Case #: OP 24-0182, Categories: civil Rights, Constitution, elections
J. Robinson rules a civilian may pursue retaliation claims against a board of City commissioners. The civilian, a Republican candidate for County Commissioner, sufficiently showed in court that the board chilled his speech by interrupting him during public commentary.
Court: USDC Kansas, Judge: Robinson, Filed On: April 1, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, elections, Equal Protection
Per curiam, the Northern District of Florida grants judgment to the Secretary of State in a suit alleging that congressional districting maps in North Florida intentionally dilute the votes of voters of color. At a bench trial, the voting-rights groups failed to prove that the Legislature ratified racial animus, whether it existed or not in the map's creation by the Governor, by failing to preserve a majority-Black district in North Florida.
Court: USDC Northern District of Florida, Judge: Per curiam, Filed On: March 27, 2024, Case #: 4:22cv109, NOS: State Reapportionment - Other Suits, Categories: civil Rights, Constitution, elections
J. Gibney denies the state officials' motion to dismiss a count asking the court to use its equitable powers to enjoin the officials from enforcing a felony voter disenfranchisement provision that violates the Virginia Readmission Act. When Virginia sought to rejoin the Union in 1870, congress created an act that said that Virginia could never alter its constitution to disenfranchise citizens who could vote under Virginia's then-controlling constitution. The Act came with the exception that Virginia could amend its constitution to disenfranchise those convicted of crimes that, in 1870, were common law felonies, including murder, rape, and arson. Two former felons convicted of felonies not included as common law felonies properly alleged that Virginia is engaging in an ongoing violation of federal law.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: March 18, 2024, Case #: 3:23cv48, NOS: Voting - Civil Rights, Categories: civil Rights, Constitution, elections
J. Gustafson finds that the attorney general erroneously disqualified as legally insufficient a proposed ballot initiative that would amend the state constitution to create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. The initiative meets the constitutional separate vote requirement since it does not make two or more substantive and unrelated changes to the constitution. Also, the attorney general lacked statutory authority to append a fiscal statement to the proposed initiative, as the state budget director had already determined it would have no impact on state finances. And the attorney general shall review and prepare ballot statements in compliance with statute.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 18, 2024, Case #: OP 24-0052, Categories: civil Rights, Constitution, elections
J. Lasnik orders Washington Secretary of State Steve Hobbs to conduct future elections according to a new remedial map, following a dispute over district boundaries that allegedly diluted the Latino community's voting power. The new map "provides Latino voters with an equal opportunity to elect candidates of their choice to the state legislature" and "keeps the vast majority of the lands that are of interest to the Yakama Nation together."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 15, 2024, Case #: 3:22cv5035, NOS: Voting - Civil Rights, Categories: civil Rights, 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
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. 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. 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
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. Peterson partially denies the elections commission and Wisconsin Legislature's motions to dismiss the voters' lawsuit claiming that Wisconsin law's absentee-voting witness requirement violates the Civil Rights Act and the Voting Rights Act. In light of two state-court lawsuits dealing with substantially similar issues, the merits of the voters' claims will not be decided at this time, and a partial stay is enacted which will allow parties to continue briefing for summary judgment. The elections commission itself is dismissed on sovereign immunity grounds, but the commission's individual commissioners will remain as parties to both of the voters' claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 17, 2024, Case #: 3:23cv672, NOS: Voting - Civil Rights, Categories: civil Rights, elections, Immunity
J. Boulee denies the organizations' motion for a preliminary injunction to enjoin provisions of Georgia's election law relating to runoff election procedures which allegedly discriminate against Black voters. The two provisions say runoffs will be held four weeks after the general election and mandate that advance voting for runoffs begin no later than the second Monday immediately prior to the runoff and end on the Friday before the runoff. The organizations have not shown that eliminating the registration period before a runoff or shortening the early voting window disproportionately impacts Black voters. The officials presented legitimate justifications for the provisions, including creating a more efficient runoff schedule. The lead-up to the law's passage may show a motivation to curtail new Democratic voters but it does not show a racially discriminatory motivation.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: January 12, 2024, Case #: 1:21mi55555, NOS: Voting - Civil Rights, Categories: civil Rights, elections
J. Jones rules in favor of the conservative group in a civil rights action brought by the voting rights nonprofit alleging that the group violated the Voting Rights Act by challenging the eligibility of individual voters during Georgia's 2021 Senate runoff election under a statute known as Section 230. Although the list of potentially ineligible voters compiled by the group "utterly lacked reliability," there is no evidence connecting the list to a voter who submitted challenges. Insufficient evidence was presented to show voter intimidation or attempted voter intimidation by the group against the voters. A challenge to one voter's eligibility was not unreasonable because there was a question about her residency. The nonprofit failed to show that the alleged election-related activities engaged in by the group, including paying whistleblowers and recruiting military veterans to intimidate voters at polls, reached or impacted any voter.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: January 2, 2024, Case #: 2:20cv302, NOS: Voting - Civil Rights, Categories: civil Rights, elections
[Consolidated.] J. Haikala grants, in part, the county commission and its individual commissioners’ motions to dismiss claims brought by group of voters alleging the redistricting plan constitutes racial gerrymandering. The commissioners argue they should be dismissed in their official capacities because “local government units can be sued directly.” Therefore, the commissioners in their official capacities are dismissed because a jury could find the action redundant and confusing. The voters’ motion for preliminary injunction is denied and the claims against the commission will proceed. The parties are ordered to meet and confer before the scheduling conference.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: December 19, 2023, Case #: 2:23cv443, NOS: Voting - Civil Rights, Categories: civil Rights, elections, Government
J. Southwick finds the district court improperly granted summary judgment in favor of the voter's advocacy organization, which challenges a Texas law requiring an original signature on registrations, arguing it violates the Civil Rights Act and the First and Fourteenth Amendments’ ban on undue voting rights burdens. Physically signing a form with warnings of penalties for perjury will dissuade false statements, the challenged statute imposes a small burden and the constitutional question grants states leeway in their authority. Texas’s interests in ensuring reliability and reducing fraud are sufficient to protect the "wet signature" rule from constitutional attack. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: December 15, 2023, Case #: 22-50536, Categories: civil Rights, Constitution, elections
J. Pennell finds that the lower court properly ruled against a homeless organization that sought to challenge a Spokane ballot initiative that expands on a camping ban at certain locations around the city. The organization claims the initiative conflicts with state law and falls outside local initiative powers, but those claims do not pass legal muster. The state law they claim it conflicts with is not centered around homelessness regulations, but is instead mostly concerned with data and performance metrics. The initiative in question also falls well within the definition of an exercise of police powers, making it appropriate for the ballot. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: December 7, 2023, Case #: 39924-9-III, Categories: civil Rights, elections, Municipal Law
J. Gruender finds a lower court properly dismissed the Independence-Alliance Party of Minnesota's opposition to a rule that requires voters to swear on oath prior to placing their signatures on a petition in favor of a minor party. The alliance argued that forcing voters who support the minor political party to sign a petition with an oath requirement violates the First Amendment, and that some prospective signatories are concerned that signing the petition means forfeiting a right to cast their ballots in the primary election. However, the Minnesota Secretary of State presented sufficient evidence in court that the oath requirement places an "insubstantial burden" on voters, who can change their minds at any time before voting in the primary. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 1, 2023, Case #: 23-1074, Categories: civil Rights, elections, Government