328 results for 'cat:"Elections"'.
J. Nugent grants the Ohio Secretary of State's motion for summary judgment, ruling all of the changes to election procedures contained in House Bill 458 are minor in nature and, therefore, do not constitute an undue burden on voters that would render the bill unconstitutional. Although only photo IDs may be used for in-person voting moving forward, evidence indicates the majority of registered voters already have a valid driver's license. Furthermore, the elimination of early, in-person voting the Monday before Election Day does not impact a large number of voters, especially considering the voting hours were reallocated elsewhere.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: January 8, 2024, Case #: 1:23cv26, NOS: Voting - Civil Rights, Categories: Constitution, elections, Government
J. Rogers finds the district court properly dismissed a group's challenge to the Federal Election Commission's dismissal of its campaign finance allegations against two presidential campaign committees. The commission's dismissal is precluded from review because it was based on its prosecutorial discretion. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: January 5, 2024, Case #: 22-5339 , Categories: Administrative Law, Civil Procedure, elections
J. Johnson finds the trial court correctly ruled in favor of the defendants in a challenge to a local political candidate’s ballot access. The candidate was not timely informed of the challenge, which had been filed and scheduled for trial fewer than 24 hours before the trial took place, because the elections office did not post the notice in a conspicuous place nor made any effort to notify the candidate other than attempting to call him on the phone. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: January 5, 2024, Case #: 24-CA-2, Categories: elections, Due Process
J. Webster denies two voting rights organizations their motion for summary judgment after the state board of elections passed a bill upholding an old statute that the organizations say is racist. They argue that the statute violates equal protection rights because it was initially written in 1877 to be racially discriminatory toward the voting populace and that since then, the statute’s discrimination has not fundamentally changed. They argue that this law continues to disproportionately effect Black voters and that it also violates due process. A bill from 2023 altered the statute to include a scienter requirement, meaning only people charged with felonies who vote knowing they have violated the statute can be prosecuted, but the organizations say this does little to change their stance. However, because anyone who votes inappropriately but doesn’t know that they have done so will not be considered to have broken the voting law, the organizations’ motion for summary judgment is denied as moot.
Court: USDC Middle District of North Carolina, Judge: Webster, Filed On: January 2, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: elections, Government, Prisoners' Rights
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
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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. Lazar finds the circuit court improperly dismissed a voter group’s petition for writ of mandamus that sought for a public record request to obtain voter eligibility notices containing statutorily information required to be communicated to local officials. The group has demonstrated these records are appropriate under the public records law. The court holds that the group is entitled to redacted requested forms and remands this case for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: December 27, 2023, Case #: 2023AP36, Categories: elections, Public Record
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. Karofsky enjoins the Wisconsin Elections Commission from using the current legislative electoral maps, which violate the state constitution and must be redrawn before the 2024 elections. The districts must be composed as “contiguous territory,” and if that doesn’t happen, the state high court will adopt remedial maps based on the criteria and process.
Court: Wisconsin Supreme Court, Judge: Karofsky, Filed On: December 22, 2023, Case #: 2023AP1399-OA, Categories: elections, Government
J. Huffman finds the trial court properly granted the Ohio Secretary of State's motion to dismiss an employment-related action. Although the former board of elections employee's lawsuit deals with other members' failure to adhere to election procedures, it is essentially a wrongful termination suit in which the secretary has no interest. However, the lower court improperly dismissed the action against the county. The county's failure to include the argument the employee stated a claim on which no relief could be granted in their first dismissal motion prevented it from filing a second, successive motion following the transfer from Franklin County to Champaign County. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: December 22, 2023, Case #: 2023-Ohio-4688, Categories: elections, Employment, Government
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. Smith compels certain testimony in a sprawling lawsuit stemming from the latest round of legislative redistricting in Texas, which the United States and private plaintiffs argue improperly diluted the votes of Latino voters in Texas. Texas lawmakers have asserted legislative privilege in this case in an effort to avoid turning over documents, and while this privilege is sometimes valid, lawmakers have in some cases "waived their privilege" by communicating with outside third parties.
Court: USDC Western District of Texas , Judge: Smith, Filed On: December 21, 2023, Case #: 3:21cv259, NOS: Voting - Civil Rights, Categories: elections, Discovery, Privilege
[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
Per curiam, the Colorado Supreme Court finds the actions of former President Donald Trump to encourage and incite an insurrection disqualify him from being placed on the Republican primary ballot for the 2024 presidential election under the Fourteenth Amendment of the U.S. Constitution. The portion of the amendment that precludes an insurrectionist from holding officer was intended to be self-executing and, therefore, no act of Congress is required to allow the court to enforce it, although in anticipation of an appeal to the U.S. Supreme Court, the decision will be stayed until January 4, 2024.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: 2023CO63, Categories: Constitution, elections, Government
J. Reyes affirms the district court's dismissal of the data requesters' action seeking data related to election procedures from a county director of property tax and elections. The director is a designee, not the responsible authority, for the relevant data under the Minnesota Government Data Practices Act, and therefore was not a proper defendant for this case. The district court also did not err in dismissing the case without joining the responsible authority as a defendant, nor in dismissing the requesters' request for a declaratory judgment as to whether the county's procedures complied with the Act. It also did not err in determining that it lacked subject-matter jurisdiction over a count seeking a prohibition of the use of modems in voting machines, since the requesters did not comply with relevant service requirements. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: December 18, 2023, Case #: A23-0302, Categories: elections, Government, Public Record
J. Upadhyaya denies a news network's motion for recusal in a defamation case filed by an election technology and software company. The judge's prior representation in the Maduro case concerning reports of election integrity in Venezuela does not constitute the same matter in controversy.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: December 16, 2023, Case #: 1:21cv2900, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: elections, Judiciary, Defamation
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. 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. Celebrezze finds the former East Cleveland council members are not entitled to writs of quo warranto or mandamus because the current council properly elected a replacement council member after the recall election, while there was sufficient evidence to support the claims of malfeasance against the member removed from his position.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: December 14, 2023, Case #: 2023-Ohio-4533, Categories: elections, Government
[Consolidated.] J. Bisig finds that the commonwealth did not engage in unconstitutional gerrymandering upon apportioning voting districts because the voting disparity involved only three of 100 seats and thus did not rise to the level of flagrant partisanship or an unwarranted violation of constitutional rights. Affirmed.
Court: Kentucky Supreme Court, Judge: Bisig, Filed On: December 14, 2023, Case #: 2022-SC-0522-TG, Categories: Constitution, elections
[Consolidated.] Per curiam, the court of appeals finds that voters' request should be denied in seeking to disqualify Donald Trump from being placed on the Michigan ballot for the 2024 presidential election on grounds that he violated the insurrection clause of the 14th Amendment because the issue is not ripe for review since he must first prevail in the nationwide primary process and win the republican nomination. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: December 14, 2023, Case #: 368615, Categories: Civil Procedure, elections
J. Sanchez, after finding the lower court properly entered a writ of quo warranto ordering the removal of certain city of Mission Viejo city councilmembers from office, modifies the opinion to correct spelling and syntactical errors. The councilmembers were holding office unlawfully because their respective 2-year terms of office had expired. The opinion is modified with no change in the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: December 13, 2023, Case #: G061838, Categories: Civil Procedure, elections
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. 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. Wilson finds that the appellate division properly held that an independent commission could be compelled to reconvene to fulfill its duties to redraw legislative district boundaries following a decennial census. While the group's stalemate along party lines led to the judicial appointment of a special master to accomplish redistricting for elections in 2022, amendments to the state constitution mandated that the commission do the job. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: December 12, 2023, Case #: 90, Categories: Administrative Law, elections
J. Robinson finds that the trial court properly ordered a new election for the office of Caddo Parish Sheriff. In this case, the election was decided by one vote, and there is evidence of voter irregularities. The record shows that two voters illegally voted twice and that four ineligible fully interdicted persons voted in the election. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: December 12, 2023, Case #: 55,730-CA, Categories: elections, Evidence
J. Oldham finds the district court improperly found Houston’s voter registration provisions governing circulators are unconstitutional. Though the citizens who filed the constitutional challenge seek to change the wording of the court's decision in their favor, the city has emphasized its agreement with the citizens that the provisions are unconstitutional. No controversy exists and the case should never have been allowed. Vacated.
Court: 5th Circuit, Judge: Oldham, Filed On: December 11, 2023, Case #: 22-20491, Categories: Constitution, elections