11 results for 'cat:"Elections" AND cat:"Evidence"'.
J. Auld partially strikes certain witnesses and evidence from being brought by the NAACP against North Carolina and its Board of Elections, whose photo ID requirements for voters are allegedly racially discriminatory. The court says the NAACP failed to properly identify certain witnesses, such as some people who are said to have assisted voters with provisional votes due to the photo ID laws, so those witnesses may not be brought to testify at trial, nor may some of the documents relating to the implementation of those laws.
Court: USDC Middle District of North Carolina, Judge: Auld, Filed On: April 29, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Civil Rights, elections, evidence
J. Garcia finds that the lower court properly granted attorney Sidney Powell's no-evidence motion for summary judgment in the underlying disciplinary proceeding, in which the disciplinary commission claimed she had violated certain rules of conduct by allegedly filing two exhibits without their dates in a Georgia election lawsuit. On appeal, the commission argues that the lower court erred by sustaining the lawyer's objections to its evidence, but the court concludes that the arguments are meritless. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 17, 2024, Case #: 05-23-00497-CV, Categories: elections, evidence, Attorney Discipline
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. 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. Wiener finds the district court properly denied Louisiana’s motion to dissolve a 30-year-old consent decree pertaining to the method of selecting justices for the state’s supreme court and arising upon claims of Black voter dilution. Louisiana has failed to meet its evidentiary burden, which requires showing that the decree’s remedial promise will continue to exist if dissolved. No evidence has demonstrated “there is relatively little or no likelihood that the original ... violation will ... be repeated when the decree is lifted.” Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: October 25, 2023, Case #: 22-30320, Categories: elections, evidence, Government
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J. Gravois finds that the trial court should not have dismissed a voter's challenge to a candidate for the office of St. John the Baptist Parish Council, District 5. The voter established that the state department of revenue did not have a record of the candidate's income tax returns for 2021 and 2022. The candidate did not establish that he was not required to file returns for these years because he did not have taxable income from his disability, retirement, and Social Security. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: August 29, 2023, Case #: 23-CA-420, Categories: elections, evidence
J. Molaison finds that the trial court properly dismissed a voter's petition objecting to the qualifications of a candidate running for the District 5 council seat in St. John the Baptist Parish. In this case, there is sufficient evidence to show that the candidate resided in the Council 5 district for more than six months before qualifying to run for office. The candidate introduced documentary evidence of a Notice of Rule to Show Cause in a civil proceeding, a credit card statement, and a Louisiana vehicle registration certificate from 2022 to support that he resided in the district. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: August 29, 2023, Case #: 23-CA-422, Categories: elections, evidence
J. Chaisson finds that the trial court properly disqualified a candidate for the office of Sheriff of St. John the Baptist Parish. The evidence from the state department of revenue shows that the candidate did not file his state income taxes for 2020, 2021, and 2022. Further, the candidate did not explain why he could not provide evidence to support that he was unable to access his alleged bankruptcy documents. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: August 29, 2023, Case #: 23-CA-421, Categories: elections, evidence
J. Wicker finds that the trial court should not have disqualified a candidate for the office of Jefferson Parish Council District 3. The candidate provided evidence of his domicile on his driver's license, income tax returns, mail related to medical matters, and his notice of candidacy. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: August 28, 2023, Case #: 23-CA-415, Categories: elections, evidence
J. Windhorst finds that the trial court properly denied a voter's petition objecting to the candidacy of a candidate for office of Jefferson Parish Council District 3. The evidence shows that the candidate is domiciled in Jefferson Parish since the candidate has lived much of his life at his Jefferson Parish house, sleeps and entertains at the house, claims a homestead exemption on the property, receives mail there, and has the address listed on his driver's license. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: August 28, 2023, Case #: 23-CA-414, Categories: elections, evidence
J. Chehardy finds that the trial court should not have dismissed with prejudice a voter's objection to a candidate for a district council seat. In this case, a Louisiana Department of Revenue representative testified that the candidate's 2018 tax return could not be found despite evidence from his employer that he had received taxable income for the 2018 tax year. Therefore, the candidate falsely certified that he filed his tax returns for each of the last five years when he signed his Notice of Candidacy. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 23, 2023, Case #: 23-CA-411, Categories: elections, evidence