9 results for 'cat:"Elections" AND cat:"Injunction"'.
J. Brown dismisses an injunctive relief and declaratory judgment action brought by John Barrow, a candidate for Justice of the Georgia Supreme Court, against members of the Special Committee on Judicial Election Campaign Intervention. The candidate sought to block the committee from investigating statements he made during his campaign related to his belief that the Georgia Constitution includes a right to privacy that protects abortion rights. The candidate lacks standing to bring his claims because he failed to show he faces any threat of injury from a potential statement by the commission. The candidate already disclosed the charges against him and has not shown that the commission's actions or threatened actions chilled his exercise of his First Amendment rights.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: May 16, 2024, Case #: 1:24cv1975, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, elections, injunction
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. 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. Tuchi grants the No Labels Party of Arizona's motion for preliminary injunction to enjoin certain potential candidates from running for office in the 2024 Presidential Preference Election. The No Labels Party sufficiently showed in court that they are entitled to nominate potential candidates of the offices of the President and Vice President exclusively, and not candidates who run for other offices.
Court: USDC Arizona, Judge: Tuchi, Filed On: January 16, 2024, Case #: 2:23cv2172, NOS: Voting - Civil Rights, Categories: elections, injunction
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J. Stegall finds a lower court improperly dismissed a claim for temporary injunction brought by the League of Women Voters of Kansas concerning civilians who may engage in illegal conduct that would convince others that they are election officials. The parties in question argued that they are entitled to participate in voter events. However, the league sufficiently showed in court that their actions may confuse voters into believing that they are election clerks and poll workers. Vacated.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: December 15, 2023, Case #: 124,378, Categories: elections, injunction
J. Aiken denies the Republican state senators' motion for a preliminary injunction in their complaint alleging that their absences from a planned walkout were improperly marked as unexcused so that they would be unable to run for reelection due to Measure 113, which blocks lawmakers with 10 or more unexcused absence from running for election. The senators do not prove that using a legislative walkout is a constitutionally protected activity under the First Amendment, and they do not prove that an injunction is in the public interest because Measure 113 is a voter-approved measure intended to curb legislative walkouts.
Court: USDC Oregon, Judge: Aiken, Filed On: December 13, 2023, Case #: 6:23cv1624, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, elections, injunction
J. Boulee rejects the organizations' joint motion for a preliminary injunction in a civil rights action seeking to block enforcement of five provisions in a Georgia law governing election-related processes. The organizations alleged that the provisions in S.B. 202 are racially discriminatory and violate the Fourteenth and Fifteenth Amendments. The provisions at issue govern the number and location of drop boxes, prohibit distribution of food and drink to voters waiting in line, set a deadline for submitting applications to vote absentee, prohibit the counting of out-of-precinct provisional ballots cast before 5:00 p.m. and require voters applying for an absentee ballot to provide their driver's license or state identification card number. The organizations failed to show that they are substantially likely to succeed in showing that the provisions have a disparate impact on Black voters. The organizations also failed to show that the legislature intended to discriminate against Black voters with the law's passage.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: October 11, 2023, Case #: 1:21mi55555, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, injunction
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