19 results for 'cat:"Elections" AND cat:"Jurisdiction"'.
J. Moore finds the lower court erroneously denied the voters' request to convene a three-judge court. Their Fourteenth Amendment claim regarding racial gerrymandering in Ohio raised a federal question that established jurisdiction; therefore, the case will be reinstated to allow the lower court to initiate proceedings to convene a three-judge panel. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 9, 2024, Case #: 23-3910, Categories: Constitution, elections, jurisdiction
J. Jackson dismisses a group of D.C. residents' challenge to a law that allows noncitizen residents to vote in local elections. They fail to show an injury-in-fact and, therefore, lack standing.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 20, 2024, Case #: 1:23cv1261, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, elections, jurisdiction
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. Theofanis dismisses Williamson County’s lawsuit against Texas Attorney General Ken Paxton attempting to withhold public access to ballots and vote records for 22 months after election day. Paxton ruled that this information must be made available for public inspection during the 22-month preservation period. There is no live controversy between the parties as the information requestors in the underlying Public Information Act case have either received the information they requested or have withdrawn their requests.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 11, 2024, Case #: 03-23-00507-CV, Categories: elections, Government, jurisdiction
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J. Partida-Kipness finds that the lower court properly granted the county officials' plea to the jurisdiction and dismissed the appellant voters' lawsuit concerning the use of "allegedly uncertified electronic voting machines." The voters failed to allege a concrete injury, and any relief against the county officials would not redress the allegedly "widespread" risk of voter dilution. Accordingly, the voters failed to establish standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 28, 2023, Case #: 05-22-01098-CV, Categories: Civil Procedure, elections, jurisdiction
J. Flanagan grants the U.S. Attorney General’smotion to dismiss allegations of voter suppression brought by a citizen who claims the attorney’s appointment of Jack Smith as special counsel undermined her right to vote for Donald Trump. The citizen also requests an injunction to stop the attorney from appointing any other special counsel who would prosecute Donald Trump. However, the citizen has failed to draw a connection between the attorney’s appointment and any concrete injury to herself. Also, she cannot sue one party in defense of the legal rights of someone other than herself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 28, 2023, Case #: 5:23cv372, NOS: Voting - Civil Rights, Categories: elections, Government, jurisdiction
J. Donato finds that the district court improperly entered conviction against former congressman Jeffrey Fortenberry for making false statements after federal agents interviewed Fortenberry at his home in Lincoln, Nebraska, and his lawyer’s office in Washington, D.C., in connection with an investigation into illegal campaign contributions made by a foreign national through conduit donors. The matter is reversed for retrial in a proper venue after Fortenberry contended that the district court incorrectly denied his motion to dismiss the case because venue was improper in the Central District of California. Reversed.
Court: 9th Circuit, Judge: Donato , Filed On: December 26, 2023, Case #: 22-50144, Categories: elections, jurisdiction
J. Berger grants the West Virginia Secretary of State's and the West Virginia Republican Party's motions to dismiss the Texas tax attorney and Republican presidential candidate's challenge to former President Donald J. Trump's placement on the 2024 West Virginia primary ballot. Since "he is not actually campaigning for the Republican nomination for President, he has no concrete and particularized competitive injury based on former President Trump's appearance on the ballot." Thus, the Texas tax attorney lacks standing and the case is dismissed.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: December 21, 2023, Case #: 2:23cv598, NOS: Other Statutory Actions - Other Suits, Categories: elections, Government, jurisdiction
J. Oldham finds the district court properly dismissed this suit involving alleged improprieties related to elections. The citizens filed in state court against various officials challenging their use of an uncertified electronic voting system and seeking to prohibit electronic voting and require paper ballots. Although the citizens allege their votes were “illegalized” and not counted, and that their personal information was unlawfully disclosed, neither injury is sufficient for Article III standing. However, because there is no actual federal jurisdiction, the case must be remanded to state court. Vacated in part.
Court: 5th Circuit, Judge: Oldham , Filed On: December 12, 2023, Case #: 23-50257, Categories: elections, jurisdiction
J. Spain finds that the trial court properly dismissed the individual's claims alleging that a county's electronic-voting system violated the Election Code and her constitutional rights. The individual lacks standing due to the "generalized nature of her claims" and the fact she has not alleged a "concrete and particularized" injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 31, 2023, Case #: 14-22-00678-CV, Categories: elections, jurisdiction
J. Lamberth refuses to dismiss Campaign Legal Center’s action against Iowa Values, a conservative nonprofit group CLC argues is an unregistered political action committee. Contrary to the group's arguments, the district court has jurisdiction to hear the case and it is not moot.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 31, 2023, Case #: 1:21cv389, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, elections, jurisdiction
J. Gabriel vacates the lower court's ruling on the merits of property tax legislation and its constitutionality. The legislation will not take effect until and unless it is approved by Colorado voters in the 2023 election cycle; therefore, this and all other courts lack jurisdiction to consider whether the legislation complies with the state's single subject requirement.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: August 21, 2023, Case #: 2023CO45, Categories: Constitution, elections, jurisdiction
J. Mori holds that the a county registrar's failure to timely seek extraordinary writ relief with the appeals court to challenge a trial court order to disclose voter records deprived the appeals court of jurisdiction to consider the petition. But the petition was timely with regards to a trial court order requiring further disclosure of voter records. The registrar is not required to follow the order to allow the use of electronic voter lists except in the registrar's examination room or to disclose redacted affidavits of voter registration.
Court: California Courts Of Appeal, Judge: Mori, Filed On: August 10, 2023, Case #: B326869, Categories: elections, Public Record, jurisdiction
J. Varlan grants the state and federal defendants' motions to dismiss this pro se lawsuit alleging that they "failed to discontinue the use of electronic voting machines," which the individual plaintiffs contend are "easily able to be accessed." The plaintiffs seek injunctive relief to prevent the use of "any electronic voting equipment or method" in the state, along with a recount of the 2020 elections. However, they fail to establish a particularized injury, instead claiming it is "highly likely" that some machines were "connected to the Internet or transmitted data that manipulated votes." Accordingly, they lack standing, and the court lacks jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: August 3, 2023, Case #: 3:22cv370, NOS: Voting - Civil Rights, Categories: Civil Procedure, elections, jurisdiction
Per curiam, the appeals court dismisses this petition for mandamus brought by voters seeking information about the accuracy of voting machines used in an election approving the Magnolia school district’s issuing of $228 million in school bonds. This court lacks jurisdiction to compel election officials in their duties in this case as the relator filed petition after the results were finalized.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 8, 2023, Case #: 09-23-00128-CV, Categories: Education, elections, jurisdiction