329 results for 'cat:"Elections"'.
J. Clay finds the district court properly dismissed the former mayor’s complaint against the Warren City, Michigan, city council, election commission, the city clerk and county clerk. The former mayor served in that position for four terms when the election commission changed the city charter to the existing term limits. He alleges the new limits imposes a legal disability based on past conduct but fails to he was intentionally discriminated against by changing the amendment.
Court: 6th Circuit, Judge: Clay, Filed On: April 2, 2024, Case #: 23-1826, Categories: Constitution, elections, Due Process
J. Dever partially grants the North Carolina Green Party’s motion for attorney’s fees and costs in ongoing litigation against the state’s board of elections after it initially failed to qualify the party and allow candidates to run in the 2022 election. The North Carolina Democratic Party and affiliates became intervenors for the board. The party correctly accuses them of frivolously hampering its efforts to get the required number of signatures for its candidates to run and is awarded partial fees and costs based on this action alone.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 2, 2024, Case #: 5:22cv276, NOS: Voting - Civil Rights, Categories: elections, Government, Attorney Fees
[Consolidated.] J. Schroeder denies the North Carolina Board of Elections’ motion to dismiss several voter advocacy groups’ complaint that a particular bill allegedly threatens voter protections. 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 advocacy groups have shown here, and in other recent litigation, plausible evidence 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 harmful than the possible injury to the government if the process remains the same.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 2, 2024, Case #: 1:23cv878, NOS: Voting - Civil Rights, Categories: 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
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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
J. Fox finds the lower court erroneously denied the election commission's request to require the political advocacy group to disclose contributions and expenditures. The group's "major purpose" was the support or opposition to three ballot issues and Colorado election law does not limit the scope of the commission's inquiry to a single issue. The commission was entitled under Colorado law to consider the aggregate spending of the advocacy group, which existed entirely of the ballots issues and subjected its finances to disclosure. Reversed.
Court: Colorado Supreme Court, Judge: Fox, Filed On: March 28, 2024, Case #: 2024COA31, Categories: elections, Evidence
J. Rushing finds the lower court properly denied the requested preliminary injunction. The pair of voters argued the state senate districts drawn in 2023 violated the Voting Rights Act of 1965, claiming it effectively disenfranchised Black voters. The voters sought an injunction erasing the current districts and allowing them to draw the lines before the 2024 election cycle. The proximity to the election and not showing the extraordinary circumstances necessary to justify disrupting the status quo before trial makes the injunction not feasible. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: March 28, 2024, Case #: 23-1095, Categories: elections, Government
J. McGrath finds that the district court properly held that four bills passed in the 2021 legislative session unconstitutionally restrict voter access.
Ending election day voter registration would interfere with the right to vote without efficiently promoting a compelling state interest. Banning paid ballot collection would also interfere with the right to vote, particularly for Native Americans. Disqualifying the use of student IDs from in-person voting would impose a minimal burden on student voting but the Secretary of State failed to show the law reasonably eases administrative burdens or improves voter confidence. Ending the practice of sending ballots to voters under 18 who will turn 18 by election day would impermissibly remove the opportunity for absentee voting for a subclass of voters. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: March 27, 2024, Case #: DA 22-0667, Categories: Constitution, elections
J. Joyce finds procedure amendment IP 14 complies with the state constitution’s “separate vote” requirement. “The multiple substantive changes that it makes are ‘closely related’ and, thus, comply.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 27, 2024, Case #: A181565, Categories: elections
Vice Chancellor Will grants judgment on the pleadings to shareholders seeking to compel a corporation to hold an annual shareholder meeting because the purported written consent was not effective due to the failure to vacate all directorships before they were filled by "unanimous consent."
Court: Delaware Chancery Court, Judge: Will, Filed On: March 27, 2024, Case #: 2023-1044-LWW, Categories: elections
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
Per curiam, the appellate division finds that the lower court properly found for the committee, dismissing the petitioners' petition for an order recognizing them as duly elected District Leaders of the Democratic Party County Committee Divisional Committee for the 68th Assembly District Park A. The petitioner's grievance accrued as of a September 12, 2023 meeting, and is not entitled to equitable tolling. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 26, 2024, Case #: 01690, Categories: elections
J. Heavican finds the district court properly dismissed the losing county commissioner candidate's complaint for declaratory relief. The candidate says a change to the boundary of his district was made without notice to him, causing him to lose the election. Though its opinion does not endorse the public officials' actions, the candidate's request for declaratory relief is not appropriate to contest election results. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 22, 2024, Case #: S-23-062, Categories: elections, Municipal Law
Per curiam, the Florida Supreme Court rejects the proposed stipulation between the Judicial Qualifications Commission and Polk County Judge John Flynn for alleged misconduct during his 2022 campaign. The commission misinterpreted the Code of Judicial Conduct, as the meeting the judge attended was not a political party function.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: SC2023-1435, Categories: elections, Judiciary
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. 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
[Modified.] J. Simons modifies the disposition with no change in judgment. The trial court improperly upheld a city's conclusion that a proposed ballot referendum challenging the approval of a development was invalid. The city claimed its approval was an administrative act not subject to referendum, but the resolution that approved the development included a policy decision to build and improve a public park, so it was a legislative act subject to referendum power. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: March 15, 2024, Case #: A167346, Categories: elections, Property
Per curiam, the Ninth Circuit finds that the district court properly denied a preliminary injunction sought by five individual donors and two independent-expenditure organizations who sued the Alaska Public Offices Commission alleging that certain campaign finance regulations violated the First Amendment after enacting Ballot Measure 2 to "illuminate the use of dark money in their state’s elections." "Contribution-reporting and on-ad donor-disclaimer requirements were substantially related and narrowly tailored to the government’s asserted interest in providing the electorate with accurate, real-time information." Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-35612, Categories: elections, First Amendment
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.] 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
J. Clay finds the lower court erroneously granted the board of elections' motion to dismiss for lack of standing. It and the Secretary of State's definitive statements that posting "ballot selfies" online is against Ohio election laws demonstrate a credible threat of enforcement that gives the voter standing to challenge the laws on First Amendment grounds. Although the board claims it has not monitored social media for such posts since 2019, it has continuously told voters publishing images of ballots is a criminal offense, while a 2019 order by the board to an online poster to remove an image also chills protected speech and allows the suit to proceed. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: March 14, 2024, Case #: 23-3330, Categories: elections, First Amendment
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
[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
[Consolidated.] J. Gilson finds that the trial court improperly dismissed claims in which community organizers challenged the redrawing of six election wards by the commission because the claims were not untimely, and the court merely concluded the wards were considered "compact" under municipal law. However, evidence does not indicate the new wards purposely diluted votes from certain groups. Reversed in part.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 12, 2024, Case #: A-0356-22, Categories: Civil Procedure, elections