329 results for 'cat:"Elections"'.
Per curiam, the supreme court finds that Democratic presidential candidate Dean Phillips must be added to Wisconsin's ballot for the presidential preference primary on April 2, 2024, as the selection committee failed to exercise its necessary discretion to determine whether he met the requirements for ballot inclusion.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 2024AP000138-OA, Categories: elections
J. Goree finds the county court properly dismissed the former labor commissioner candidate's RICO counterclaim. The consulting firm says the candidate committed slander and invasion of privacy with a press release suggesting it sought to discredit him, while his counterclaim alleged extortion, wire fraud and mail fraud. The object of allegedly fraudulent mailers and TV ads was to influence voters, not to deprive the candidate of money or property. Pleadings involving mail and wire fraud are insufficient, while there is also no pattern of racketeering. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Goree , Filed On: February 1, 2024, Case #: 121445, Categories: elections, Fraud, Damages
Per curiam, the Supreme Court finds that after Ballot Measure 113 passed, the secretary of state properly applied the disqualification of any state legislator who accrues 10 or more unexcused absences during a legislative session to a legislator’s next term of office. “Voters…understood the disqualification to apply to the term of office immediately following the term in which a legislator accrued 10 or more unexcused absences."
Court: Oregon Supreme Court, Judge: Per curiam, Filed On: February 1, 2024, Case #: S070456, Categories: elections
J. Johnson grants, in part, the New Mexico Republican Party's motion for attorney fees, ruling that while its successes on the merits of its lawsuit entitles it to an award of fees, the requested amount includes duplicative billing and non-compensable clerical work that must be removed; therefore, the law firm will be awarded more than $472,000 in fees.
Court: USDC New Mexico, Judge: Johnson, Filed On: January 31, 2024, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, elections, Attorney Fees
J. McGrath finds that the district court abused its discretion in denying attorney fees under the private attorney general doctrine. A bill passed in 2021 was challenged on the constitutional grounds that last-minute amendments changed its original purpose and that the bill violated the single-subject rule. Attorney fees are due because the successful effort was a vindication of important constitutional rights, private enforcement was necessary and the challenge addressed issues of statewide importance. Reversed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: January 31, 2024, Case #: DA 22-0639, Categories: Constitution, elections, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Consolidated.] J. Burns finds that the trial court properly tossed a taxpayer challenge to an initiative to raise a county sales tax by one-half percent to fund early childhood education and pediatric care. While the state constitution requires electors to pass tax increases by a two-thirds majority, a simple majority vote is required to pass a citizen initiative. Also, the initiative did not violate the single-subject rule since early childhood education and healthcare are functionally related. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: January 29, 2024, Case #: A166401, Categories: elections, Tax
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to remove Steven Kraus from the March 2024 primary ballot as a candidate for the Ohio House of Representatives. Although he was convicted of a felony for theft from an elderly person in 2015, the position for which he is running does not involve control or management of any state agency or political subdivision and, therefore, he is not barred from running under the state's disqualification statute.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 29, 2024, Case #: 2024-Ohio-290, Categories: Civil Procedure, 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. 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. Quinn finds that the lower court properly denied the Texas Secretary of State's plea to the jurisdiction in this election contest regarding certain "ballot language used to identify and describe a proposed constitutional amendment allowing counties to fund various projects." Contrary to her contention, the separation of powers doctrine does not bar the lower court "from adjudicating the controversy." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 25, 2024, Case #: 07-23-00031-CV, Categories: Civil Procedure, elections
Per curiam, the Maine Supreme Court dismisses this appeal pertaining to Donald Trump's candidacy for the Maine Republican Party's presidential primary on March 5, 2024. The Secretary of State, who previously determined that Trump's petition was invalid, appeals the lower court order remanding the matter to the Secretary of State. However, the remand order is "interlocutory and not justiciable," meaning the appeal is due to be dismissed.
Court: Maine Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024ME5, Categories: Civil Procedure, elections
J. Bustamante finds the failure to hold a pre-decision hearing by the Albuquerque city clerk did not violate the due process rights of the mayoral candidate who applied for public campaign financing. The denial of such financing is not a "death knell" to a campaign that warrants such constitutional protections, while the candidate was also fully aware of complaints against him before he submitted his application. The candidate was also able to present testimony and evidence to support his application at an appeal hearing that took place less than a week after the initial decision; therefore, no due process violation occurred. Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 23, 2024, Case #: A-1-CA-39971, Categories: Constitution, elections, Due Process
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. 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. Cole grants the Republican Senatorial Committee's motion to certify, ruling the question of whether coordinated party expenditure limits in the Federal Election Campaign Act violate the committee and candidate's First Amendment rights must be posed to the en banc Sixth Circuit. The committee and Senator J.D. Vance have altered fundraising operations under threat of enforcement, which grants them standing to challenge the restrictions, and while the U.S. Supreme Court has ruled on the constitutionality of expenditure limits in Colorado II, the specific nature of the question at issue in this case warrants consideration by the appeals court regardless of binding precedent.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 19, 2024, Case #: 1:22cv639, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, elections, First Amendment
J. Bailey grants, in part, the petition for a writ of mandamus to order city commissioners to proceed with a recall election. The relator contends that he turned in petitions for two commissioners to be recalled, but the city has not taken action to schedule the recall election. The court concludes that city is directed to schedule a special election to recall two commissioners within 15 to 30 days. The petition is denied with respect as to Judge Hullum because full relief has been afforded in ordering the recall election to proceed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 18, 2024, Case #: 11-23-00283-CV, Categories: elections, Government
J. Benavides finds that the trial court properly denied a man’s motion to dismiss his Texas Citizens Participation Act claims brought by a woman under the Texas Election Code. The parties dispute whether TCPA applies in the woman’s challenged claims. “To be entitled to damages, the plaintiff must also demonstrate that the contribution or expenditure was made in opposition to the plaintiff’s candidacy or in support of the defendant’s candidacy.” The woman demonstrated a prima facie case with clear evidence of her financial records. As for the man’s constitutionally contentions they are overruled because the trial court has not considered the challenge.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-23-00091-CV, Categories: Anti-slapp, elections
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. Robinson finds that while the Danbury town clerk exceeded the scope of her authority when she determined only the second slate of Independent Party candidates for mayor in the November 2023 election should be placed on the ballot, the trial court's ultimate decision to place neither slate of candidates on the ballot was procedurally correct. The party did not functionally endorse a single set of candidates as required by state law. The first slate of candidates should have been approved by the clerk because an ad in the local newspaper satisfied statutory notice requirements, but the submission of a second set of certified candidates by the Independent Party effectively prevented it from endorsing a unified slate and required the trial court to remove both sets from the ballot. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: January 17, 2024, Case #: SC20907, Categories: Civil Procedure, elections, Government
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
Per curiam, the circuit denies a petition for rehearing en banc in the case concerning the search of former President Trump's Twitter account. J. Rao, writing on the denial and joined by three other judges, says the circuit should not have "endorsed [the special counsel's] gambit" by granting his request for a warrant to access Trump’s Twitter account, along with a nondisclosure order preventing Trump from discovering the release of his records until months later. "Because these issues are likely to recur, I write separately to explain how the decisions in this case break with longstanding precedent and gut the constitutional protections for executive privilege.”
Court: DC Circuit, Judge: Per curiam, Filed On: January 16, 2024, Case #: 23-5044, Categories: elections, Privacy, Privilege
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. Freudenberg finds the trial court improperly entered summary judgment against the Nebraska legislature candidate who sued Nebraska's Republican party for libel for its having sent mailers claiming she had been disciplined as a real estate agent and lost her license. Though the trial court found the mailers to be false, no malice was found. Texts presented by the candidate suggesting the party knew the statements were false are sufficient to find potential actual malice. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: January 12, 2024, Case #: S-22-967, Categories: elections, Fraud, Damages
Per curiam, the Texas Supreme Court finds that Justice John Devine will be eligible to run for reelection to the Texas Supreme Court if he can fix defects in his ballot application. Opponent Brian Walker, who currently sits on the 2nd Court of Appeals, argues that some of Devine's signatures on his application are invalid, but his challenge to the signature petition was "not brought promptly" and precedent requires that "the challenged candidate first be given an opportunity to cure a defect in his petition signatures" before having his application rejected.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: January 11, 2024, Case #: 24-0016 , Categories: elections, Government, Judiciary
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
Per curiam, the Texas Supreme Court grants a civil court judge's petition for mandamus relief, finding that an error she made in her application to be on the 2024 ballot is not a means to disqualify her from being included in the election. The judge, who is running for reelection, failed to provide her bar number in her application for a judicial seat in Harris County and the county Democratic party chair denied her application because of the error. A party chair has the authority to reject applications that do not comply with statutory requirements, but they may not exclude candidates who meet all requirements but fail to comply with the specific section cited by the party chair in this case.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: January 10, 2024, Case #: 24-0007, Categories: elections, Judiciary
J. Alley denies mandamus relief to a Loving County sheriff candidate who argued the local Republican Party chair had improperly failed to disqualify another candidate based on his lack of police or military service. But the other candidate had in fact worked as a peace officer, and while his license was put on administrative hold, but details of that hold are “rather cryptic,” and the candidate seeking relief cannot establish that the other candidate’s license is “inactive, revoked, or subject to any disciplinary action.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 9, 2024, Case #: 08-23-00356-CV, Categories: elections, Government