329 results for 'cat:"Elections"'.
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
J. Pennell finds that the lower court properly ruled against a homeless organization that sought to challenge a Spokane ballot initiative that expands on a camping ban at certain locations around the city. The organization claims the initiative conflicts with state law and falls outside local initiative powers, but those claims do not pass legal muster. The state law they claim it conflicts with is not centered around homelessness regulations, but is instead mostly concerned with data and performance metrics. The initiative in question also falls well within the definition of an exercise of police powers, making it appropriate for the ballot. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: December 7, 2023, Case #: 39924-9-III, Categories: Civil Rights, elections, Municipal Law
J. Marczyk finds that the trial court properly dismissed pro se claims seeking to disqualify city council candidates since one of them did not live in Trenton for a year prior to the election and since the other had a criminal history because petitioners failed to establish they acquired an attorney to represent them, and the latter candidate had not been convicted of a crime while holding office. Affirmed.
Court: New Jersey Appellate Division, Judge: Marczyk , Filed On: December 5, 2023, Case #: A-26190-22, Categories: elections
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J. Sanchez finds that the trial court properly granted quo warranto relief and ordered the removal of three Mission Viejo city council members who were elected in 2018 to two-year terms. A stipulated judgment settling a lawsuit against the city required the shorter terms in order to switch from district voting to cumulative voting in 2020. The shorter terms would open up all council seats for election at the same time. It turned out that cumulative voting was not implemented in 2020, but the stipulated judgment required the two-year terms and did not allow any extension. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: December 4, 2023, Case #: G061838, Categories: elections, Municipal Law
J. Gruender finds a lower court properly dismissed the Independence-Alliance Party of Minnesota's opposition to a rule that requires voters to swear on oath prior to placing their signatures on a petition in favor of a minor party. The alliance argued that forcing voters who support the minor political party to sign a petition with an oath requirement violates the First Amendment, and that some prospective signatories are concerned that signing the petition means forfeiting a right to cast their ballots in the primary election. However, the Minnesota Secretary of State presented sufficient evidence in court that the oath requirement places an "insubstantial burden" on voters, who can change their minds at any time before voting in the primary. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 1, 2023, Case #: 23-1074, Categories: Civil Rights, elections, Government
J. Srinivasan upholds the district court’s refusal to dismiss claims against Donald Trump that he conspired with political allies and supporters to attain a second term following the 2020 election. Trump is not protected by a President's official-act immunity, as engaging in a campaign for re-election is not an official presidential act. Affirmed.
Court: DC Circuit, Judge: Srinivasan, Filed On: December 1, 2023, Case #: 22-5069 , Categories: elections, Immunity
Vice Chancellor Will declines to compel a corporate board to allow a shareholder's candidates to stand for election and for an exemption right to purchase additional shares because the shareholder did not comply with the corporation's amended bylaws.
Court: Delaware Chancery Court, Judge: Will, Filed On: November 30, 2023, Case #: 2023-1013-LWW, Categories: elections
J. Egan finds that the lower court properly voided a local law setting new district boundaries for the Broome County Legislature following the 2020 U.S. Census because dividing the town of Maine among three districts violated a provision of the municipal home rule and could constitute an attempt at gerrymandering. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 30, 2023, Case #: CV-22-2382, Categories: elections, Municipal Law
[Consolidated.] J. Chambers grants the former Cabell County Clerk's motion to dismiss civil rights suits claiming the failure of both her office and the Cabell County Commission to have an accurate map of magisterial districts in place by the filing deadline of the 2022 primary election resulted in candidates' removal from the ballot. In addition to the candidates' failure to provide any facts that the magisterial district in which they were running was hastily redrawn as " 'a subterfuge from eliminating [them] from the ballot'", the former clerk did not violate their rights to due process since they "do not have a property or liberty interest in any political or elected office."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: November 29, 2023, Case #: 3:23cv129, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, elections, Government
J. Donovan affirms the dismissal of the complaint raised by a group of registered New Hampshire voters suing their secretary of state for partisan gerrymandering. The voters fail to identify a mandatory constitutional provision that has been violated, which is necessary for the judicial system to intervene to prevent gerrymandering without overstepping and exerting authority where the legislative system is meant to have authority.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: November 29, 2023, Case #: 2022-0629, Categories: Constitution, elections, Government
J. Rodriguez partially grants summary judgment in favor of civil rights advocates and the United States in a major ongoing case challenging the validity of a new voting security law in Texas. Some aspects of the law violate the Civil Rights Act of 1964 and should not be enforced, including rules requiring Texas voting officials to automatically reject mail-in ballots or applications regardless of whether that person is eligible to vote in Texas.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 29, 2023, Case #: 5:21cv844, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, Government
J. Todd finds that the lower court improperly ordered a pair of registered Republican voters to pay the counsel fees incurred by Michael Doyle, a candidate for the Republican nomination to represent Pennsylvania’s 12th Congressional District, because they objected to his having the correct number of signatures to run in the May 2022 primary election. The court abused its discretion in ordering the objectors to pay such fees. Reversed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-36-2023, Categories: elections, Government, Attorney Fees
J. McGrath finds that the Attorney General erred in determining that a proposed ballot initiative is unconstitutional. The initiative, which would create open primaries, does not violate the separate vote requirement of the Montana Constitution. The initiative's identification of the offices that would fall under the new system would not confuse voters or combine unrelated amendments. A limit on signature-gathering is integral to the initiative. The initiative's elimination of the requirement that candidates secure political party endorsements or nominations to appear on the ballot would not affect the legislature's authority to regulate elections.
Court: Montana Supreme Court, Judge: McGrath, Filed On: November 22, 2023, Case #: OP 23-0634, Categories: elections
J. Watson dismisses a complaint by a group of voters against the Hawaii Republican Party, the state office of elections, attorneys and judges. The voters’ claims that the party interfered with the results of the 2022 primary elections and that the state courts did not properly hear that claim should have been appealed in the original courts and the federal court does not have jurisdiction.
Court: USDC Hawaii, Judge: Watson, Filed On: November 21, 2023, Case #: 1:23cv370, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, Government
J. Bokor finds the trial court properly found in favor of the candidate in a lawsuit from the city claiming that, under the city charter and city codes, he did not qualify to run for city commissioner because he did not meet certain residency requirements, in part due to changes in the electoral maps in June 2023 from a federal lawsuit over unconstitutional gerrymandering. The trial court correctly held that the plain language of the city charter controls, and under that plain language, without reading any extra words into it, the candidate qualifies to run because he lived in his district for more than 20 years before the maps changed months ahead of the election, satisfying the charter's requirements that candidates "shall have resided" within their district for at least one year before qualifying as a candidate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: November 20, 2023, Case #: 23-1776, Categories: elections, Municipal Law
J. Stras finds a lower court properly dismissed the Arkansas State Conference NAACP and the Arkansas Public Policy Panel advocacy organizations' motion to challenge a new map established to forge 11 majority- Black districts in the state. The advocacy groups, who filed suit against the state's board of apportionment, argued that the new map violates the Voting Rights Act. However, the state's public policy panel provided sufficient evidence in court that the only party entitled to file suit is the U.S. Attorney, and not citizens groups. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: November 20, 2023, Case #: 22-1395, Categories: Civil Rights, elections, Government
J. Gallagher denies as moot a coalition of individual Black voters and two civil rights organizations motion for summary judgement in this Voting Right Act lawsuit against a town. The voters allege that the at-large method of electing members to the town council causes improper dilution of their votes, because the white voters still control three of the four seats. The claims are dismissed and moot because the court has no power to render the at-large method and the nominal damages request was belated.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 20, 2023, Case #: 1:23cv484, NOS: Voting - Civil Rights, Categories: Civil Rights, elections
J. Peterson finds that the lower court properly dismissed a citizen's claim alleging voter disenfranchisement during the April 2021 election for Glendale Heights village president, but improperly dismissed his claim alleging deviations from the election code. While the verification affidavits were mistakenly not filed with the original petition, the petition was filed within the 30-day time period as required by law. Reversed in part.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: November 16, 2023, Case #: 220446, Categories: Civil Procedure, elections
J. Ballou denies the Republican electoral board members' motion for judgment on First Amendment violation claims. The members allegedly voted not to reappoint the general registrar because of her political views. The members claimed the Eleventh Amendment barred the suit because the state is the real party of interest. Still, they can be held liable because it is a personal-capacity claim, not an official-capacity claim.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: November 16, 2023, Case #: 6:23cv35, NOS: Other Civil Rights - Civil Rights, Categories: elections, Government, First Amendment
J. Chaisson finds that the trial court should not have granted a Louisiana Thoroughbred Breeders Association member's motion for a directed verdict challenging the Board of Directors election. The trial court improperly held the association to a higher burden of persuasion than that contemplated by a quo warranto proceeding when it determined that the association failed to make a prima facie showing on its initial burden of proof without having the member present any rebuttal evidence regarding allegedly ineligible voters. Vacated.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: November 15, 2023, Case #: 22-CA-467, Categories: Civil Procedure, elections
J. Alvarez upholds the lower court's determination the vote totals in a tight city council election were correct, while seven of the votes for one candidate were illegal, rendering the initial losing opponent now the winner of the election. Sufficient evidence supports the election night count was accurate and the six contested votes were illegal. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: November 13, 2023, Case #: 04-23-00099-CV , Categories: elections
J. Totenberg partially rules in favor of election officials in a civil rights action brought by an election security non-profit alleging that Georgia's statewide electronic voting system suffers from cybersecurity deficiencies. The officials' motion for summary judgment is granted as to moot claims related to the state's old direct recording electronic voting system but denied as to the non-profit's due process and equal protection claims related to the current Dominion ballot marking device system. The non-profit presented evidence supporting its allegations related to concerns about the proper counting of members' votes cast on the ballot marking device system, including evidence about the 2021 Coffee County election equipment breach and its potential to increase the risk of a future attack on the current configuration of the voting system. Fulton County's motion for summary judgment is granted because the county lacks direct authority over the state's choice of voting system. A bench trial is set for Jan. 9, 2024.
Court: USDC Northern District of Georgia, Judge: Totenberg, Filed On: November 10, 2023, Case #: 1:17cv2989, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, elections
J. Nashold finds the circuit court properly dismissed the advocacy group's petition for a writ of mandamus forcing the county register in probate to provide records the group claims would show a discrepancy between a list of ineligible voters maintained by the state elections commission and people considered incompetent to vote based on guardianship proceedings in the county. The group now concedes it is not entitled to most of the records it sought because court records related to incompetency proceedings are closed, but its argument that it is still entitled to notice of voter eligibility forms fails, as those forms are also clearly pertinent to incompetency proceedings. The group's argument of judicial bias based on the circuit court judge's comments about the group's "political" goals and reference to its petition as a "fishing expedition" also fails, in part because the group's selection of these quotes either omit the judge's full statements or important context in which they were made. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Nashold, Filed On: November 9, 2023, Case #: 2022AP001794, Categories: elections, Public Record
J. Lanza partly grants a Latino-based community non-for-profit organization's motion to compel the Republican Party of Arizona to produce documents it has withheld. The organization sufficiently showed in court that it is entitled to view the party's First Amendment privilege log, but not emailed documents concerning donations related auto-generated emails.
Court: USDC Arizona, Judge: Lanza, Filed On: November 8, 2023, Case #: 2:21cv1423, NOS: Voting - Civil Rights, Categories: elections, Public Record, Privilege