329 results for 'cat:"Elections"'.
J. DuBose denies a group of residents’ motion for a preliminary injunction in the civil rights lawsuit against the town council members. The residents allege the town has been operating a “hand-me-down governance” system at least since the mid-1960s, where no regular municipal election for the mayor or council have been held. The council members held a secret meeting where they reappointed themselves in order to prevent the residents from electing a majority Black council. The residents are likely to succeed on the merits of their constitutional claim, which would satisfy the first prerequisite for the preliminary injunctive relief, but at this point of proceedings they have failed to show they will suffer an irreparable harm. The court scheduled a bench trial to further address the case.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: May 10, 2024, Case #: 2:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, elections, Government
Per curiam, the appellate division finds that the lower court properly granted the petition to place the candidate's name on the ballot for the primary election for the Democratic nomination for the office of Village Justice of the Village of Spring Valley. The designating petition contained 409 valid signatures, two more than required to place the candidate's name on the ballot. Incorrect addresses of two registered voters is not a fatal defect requiring the signatures to be voided. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: 02654, Categories: Administrative Law, elections
J. Lynch finds that the lower court properly dismissed a republican and conservative challenge to the constitutionality of New York's Early Mail Voter Act, which permits registered voters to apply to vote early by mail in any election in which they are eligible to vote. No implied prohibition to universal mail-in voting is contained within the absentee ballot provisions of the state constitution, nor does the constitution otherwise require in-person voting. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 9, 2024, Case #: CV-24-0281, Categories: Constitution, elections
Per curiam, the appellate division finds that the lower court improperly granted the petition to invalidate a candidate's designation as a candidate in the primary election for the nomination of the Democratic Party as its candidate for the office of Member of the New York State Assembly for the 32nd Assembly District. The candidate's statement admitting certain allegations in the petition was not a formal judicial admission. Therefore, further proceedings on the petition are required to determine if his candidacy should be invalidated. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02558, Categories: elections
J. Peterson grants summary judgment to the state elections commission, municipal clerks and Wisconsin Legislature in a lawsuit from four voters citing the Voting Rights Act and Civil Rights Act to challenge the state's requirement that a U.S. adult citizen witness and certify the casting of an absentee ballot. The voter's claims under the Acts fail, in part because they have not shown that federal law, state law or U.S. Supreme Court precedent prevent a state from exercising its authority over absentee-voting conduct with a witness requirement. The Legislature's motion to stay the lawsuit pending resolution of two related state-court lawsuits is denied, as orders and judgments in those cases will be unaffected by the order in the voters' case.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 9, 2024, Case #: 3:23cv672, NOS: Voting - Civil Rights, Categories: Civil Rights, elections
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J. Biggs orders that the NAACP in North Carolina cannot use five witnesses it proposed in this ongoing voting rights suit against the state’s board of elections. The NAACP moves for clarification, but the magistrate judge’s order clearly stated who is and is not allowed to be considered as a witness, and these five are either specifically named or inferred in that list. Thus, the NAACP objects to the order and is not seeking clarification. Adding or replacing any witnesses would prejudice the process.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: May 4, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: elections, Government, Experts
J. Wilson sets aside the results of the 2022 general election approving Amendment No. 4, which created a constitutional amendment exempting legislation related to police funding from the prohibition against unfunded mandates. Amendment 4's ballot title was inaccurate and misleading because it omitted mention of the fiscal impact the amendment would have on the city, which already provided the higher level of funding voluntarily. This failure to accurately advise voters of the impact of the proposal is an irregularity sufficient to cast doubt on the election. A special election for this question shall be conducted as part of the 2024 general election.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: April 30, 2024, Case #: SC99931, Categories: Constitution, elections
J. Streeter finds that the trial court properly denied writ relief to a cardroom whose application to expand was denied by the state gambling commission. A local voter-approved measure that would enable the expansion is not exempt from the Gambling Control Act, which requires approval from the commission. Also, the ballot language for the measure did not substantially comply with a requirement for neutral, concise wording. And the commission rightly rejected the cardroom's application because the measure did not comply with statute. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 30, 2024, Case #: A168427, Categories: Administrative Law, elections, Municipal Law
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. Gustafson finds that the trial court properly held that faculty and student organizations have constitutional and prudential standing to challenge the constitutionality of recent legislation regarding college students. The groups' roles in higher education are sufficient to support their argument that bills regulating student organizations and student speech will cause ongoing injury from discrimination and lack of recourse. A student organization showed it would be injured by a bill limiting the places where student organizations can register students to vote through "opt-out" fee assessments. And representative groups showed that the "Save Women’s Sports Act,” which would regulate the biological sex of student athletes, will cause injury by excluding transgender athletes from participation. The Act infringes on the Board of Regents’ authority under the Montana Constitution to determine the priorities of the Montana University System, and the state concedes that the other two bills are also unconstitutional. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 26, 2024, Case #: DA 22-0586, Categories: Constitution, elections
Per curiam, the appellate division finds that the lower court improperly dismissed a petition for a declaration that the July 27, 2023 elections of the democratic district leaders for the 68th Assembly District, Part A are null and void. The elections were invalid because the meeting of 13 out of 84 members of the divisional committee lacked a quorum, and notice for the meeting should have been sent to members elected in the June 2023 primaries, not the outgoing 2022 members. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02255, Categories: elections
J. Graham denies the ballot referendum petitioners' motion for a preliminary injunction, ruling that they cannot establish standing to bring First Amendment claims against the Ohio Attorney General. Their issue regarding delays in the ballot certification process cannot be traced to the actions of the Attorney General, but is actually a claim against the judicial branch of the government and its methods for certification of a ballot issue.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:24cv1401, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, elections, First Amendment
J. Biggs partially sustains a civil rights advocacy organization’s rejection of a magistrate judge’s memorandum opinion and recommendation in this ongoing voting rights suit. The judge incorrectly employed the moot doctrine because, although an amendment to a bill — which would prosecute anyone convicted of a crime if they vote — included a scienter requirement, the organization still has a concrete interest in the outcome of this litigation. The scienter requirement is still not specific enough about how someone convicted of a crime would restore the rights of their citizenship, so it is too vague and violates equal protection and due process rights. Thus, the organization still has a demonstrable interest, which the judge should have recognized, and the organization can proceed on a summary judgment motion.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: April 22, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, elections
J. Campbell grants in part the Tennessee NAACP's motion for summary judgment as to certain counts in this lawsuit concerning the state's voter registration forms and its processing of those forms, particularly as it relates to individuals convicted of a felony. The court concludes that the forms at issue fail to comply with the National Voter Registration Act requirement to inform "applicants of voter eligibility requirements." The court cannot establish the "level of specificity" required, however, based on the parties' insufficient briefing.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: April 18, 2024, Case #: 3:20cv1039, NOS: Voting - Civil Rights, Categories: Civil Rights, elections
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: Administrative Law, elections, Health Care
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. Docherty denies the pillow magnate and his company's motion to reconsider an order on their earlier motion to compel, partially grants their separate motion to compel, and grants their motion to amend the scheduling order in the voting machine company's suit against them alleging that they made defamatory claims in disputing the results of the 2020 presidential election. The original ruling on the earlier motion to compel was not in error, and the motion for reconsideration is not properly before the court. The motion to compel is timely as to four of its requests for production, but not for two others, and of the four timely-challenged requests, the voting machine company must supplement its disclosures for one.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 15, 2024, Case #: 0:22cv98, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: elections, Defamation, Discovery
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: elections, Government, Employment Retaliation
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: Anti-slapp, elections, Defamation
J. Brody finds that the district court properly rejected a challenge to recent legislation ending the acceptance of social security numbers and student identification cards at polls. While the challengers raised a constitutional issue sufficient for standing, the legislature has the authority to place qualifications and conditions on the right of suffrage and the new laws are reasonably related to preserving the integrity of the election process. The potential for additional burdens on some voters is not so great that the right of suffrage is annulled and the new laws' goal of creating uniformity does not violate equal protection rights. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: April 11, 2024, Case #: 51227, Categories: elections, Equal Protection
J. Earl finds that the trial court properly held that statute allows a candidate to simultaneously run in primary elections for both a state assembly seat and a U.S. Congressional seat. The statute that limits a candidate to one race does not apply to all candidates, but only to the independent nomination of candidates subsequent to a primary election.
Court: California Courts Of Appeal, Judge: Earl, Filed On: April 9, 2024, Case #: C100304, Categories: elections
J. Nichols grants the communications conglomerate's motion to dismiss the right-wing broadcaster's counterclaims seeking indemnification in a suit brought by a voting machine company alleging that the broadcaster defamed the voting machine company in connection with the 2020 presidential election. The broadcaster has not pleaded facts tying this suit to allegedly disparaging statements made by the conglomerate's subsidiaries or its former board chair, nor presented a plausible theory as to why those statements would have influenced the voting machine maker to sue the broadcaster. Non-disparagement provisions in the broadcaster's contract with the communications conglomerate, therefore, do not create an obligation to indemnify the broadcaster. Tortious interference claims also fail, since the broadcaster has not plausibly alleged that the board chair was acting as an agent of the voting machine company or its majority owner when the communications company's subsidiary satellite TV provider dropped the broadcaster.
Court: USDC District of Columbia, Judge: Nichols, Filed On: April 9, 2024, Case #: 1:21cv2130, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: elections, Defamation, Indemnification
J. Veljacic finds that the lower court improperly granted summary judgment in favor of a homeowners association after a household sued them when they were forced by the HOA to remove a political sign in their yard. They were forced to remove the sign just prior to a primary election, and the local laws governing political signs "unambiguously disallows" an HOA from prohibiting yard signs before an election. Reversed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 9, 2024, Case #: 57740-2-II, Categories: Civil Rights, elections
J. Moore finds the lower court erroneously denied the voters' request to convene a three-judge court. Their Fourteenth Amendment claim regarding racial gerrymandering in Ohio raised a federal question that established jurisdiction; therefore, the case will be reinstated to allow the lower court to initiate proceedings to convene a three-judge panel. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 9, 2024, Case #: 23-3910, Categories: Constitution, elections, Jurisdiction
Per curiam, the circuit finds that an interlocutory appeal must be dismissed in claims challenging a provision of New York election law that invalidates write-in ballots cast during party primaries for non-party candidates because the 2023 primary and general elections rendered the claim moot. However, a decision remains pending on the facial challenge to the constitutionality of the provision in claims seeking declaratory relief, and thus review would be inappropriate at this time.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 8, 2024, Case #: 23-1305-cv, Categories: Civil Procedure, elections
J. Hudson finds the trial court properly dismissed the voter advocacy group's complaint for declaratory relief. The group says voting machines used by the state are noncompliant because the voter cannot independently verify selections on the ballot prior to casting a vote. Testimony introduced at the hearing established the voter has the opportunity to review his or her selections on a summary screen. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-755, Categories: Administrative Law, Constitution, elections
Per curiam, the Fifth Circuit finds the district court properly dismissed the voters’ suit challenging Texas’ use of electronic voting machines. The generalized grievance that all voters’ votes are made vulnerable by the machines does not confer standing. Though certain of the voters ran for office, and one currently holds office, candidate-specific injuries exist nowhere in the complaint. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 23-10936, Categories: Civil Rights, elections, Government