37 results for 'cat:"Civil Procedure" AND cat:"Elections"'.
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
[Consolidated.] J. Gilson finds that the trial court improperly dismissed claims in which community organizers challenged the redrawing of six election wards by the commission because the claims were not untimely, and the court merely concluded the wards were considered "compact" under municipal law. However, evidence does not indicate the new wards purposely diluted votes from certain groups. Reversed in part.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 12, 2024, Case #: A-0356-22, Categories: civil Procedure, elections
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to compel the board of elections to remove a zoning issue from the March 2024 primary election ballot. The ballot referendum contained a valid number of signatures because the amendment to Ohio's election procedures regarding signature numbers did not apply retroactively and went into effect after the zoning issue was certified. Meanwhile, the zoning issue includes required language and properly informs voters of the issue to be decided; therefore, the board of elections properly certified the issue for placement on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 2024-Ohio-379, Categories: civil Procedure, elections, Zoning
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
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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. 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. 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. 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
[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. 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. 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. Yates finds that the trial court properly dismissed claims contending recall efforts aimed at two members of a local school board were stymied by the county clerk's refusal to approve petition signatures or to schedule an election because the clerk had authority to check the genuineness of the signatures and had no legal duty to count signatures that had been rejected for lack of genuineness.
Court: Michigan Court of Appeals, Judge: Yates, Filed On: October 19, 2023, Case #: 365187, Categories: civil Procedure, elections
J. Pitman denies a motion to stay a case pending an interlocutory appeal brought by several members of a “Trump Train” who were sued by Biden-Harris 2020 campaign members over a high-profile incident in which Trump supporters surrounded and boxed in a Biden-Harris campaign bus on a Texas highway during the 2020 election season. While a Fifth Circuit opinion provided the Trump supporters with a new avenue to seek an interlocutory appeal, they have failed to show how such an appeal would “materially advance the termination of the litigation” — one necessary prong for certification — and this court therefore denies the request for a stay.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: October 18, 2023, Case #: 1:21cv565, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, elections
Per curiam, the Supreme Court of Ohio finds the Secretary of State and board of elections improperly denied the individuals' request for a writ of mandamus to remove the "drag show" ban from the November 2023 ballot. The circulators of the ballot issue altered both the title and bill after they collected signatures to put the issue on the ballot. The ultimate language of the ballot issue did not match that of the petition signed by the electors, which invalidates the signatures and prevents placement of the issue on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 8, 2023, Case #: 2023-Ohio-3667, Categories: civil Procedure, elections, Government
J. Cooper denies, in part, the FEC's motion to dismiss two groups' challenging the dismissal of their claims regarding Jeb Bush and a super PAC's coordinated efforts during his presidential campaign in 2016. Contrary to the agency's argument, a previous rejection of the groups' organizational injury does not defeat their current organizational injury claim.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 26, 2023, Case #: 1:22cv3319, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, civil Procedure, elections
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel placement of her name on the November 2023 ballot for Galion City Council, ruling the board of elections properly invalidated an entire part-petition for a single forged signature because the evidence in the record established a woman signed for both herself and her husband in the presence of the candidate, which allowed the board to infer fraud.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 22, 2023, Case #: 2023-Ohio-3378, Categories: civil Procedure, elections, Government
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel the board of elections to remove certain candidates from the November 2023 ballot, ruling that because the territory of the Cleveland Municipal Court extends beyond the city's corporate limits, the city charter does not govern nomination requirements. Certain Ohio laws establish the number of signatures required, and because the candidates for judge and clerk met those requirements, they were properly placed on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 21, 2023, Case #: 2023-Ohio-3377, Categories: civil Procedure, elections, Government
Per curiam, the Supreme Court of Ohio denies a individual's request for a writ of mandamus to compel placement of a local liquor option on the November 2023 ballot. The board of election's failure to provide certain documents when the business owner requested a petition did not violate election laws because the statute governing liquor sales does not require the documents, and in any case, the owner's failure to attach a require affidavit rendered the petition invalid on its face.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 20, 2023, Case #: 2023-Ohio-3351, Categories: civil Procedure, elections
J. Cooper refuses to dismiss a nonprofit watchdog's petition for review of the Federal Election Commission's dismissal of its case against American Action Network, which the nonprofit claims is an unregistered political committee. The nonprofit has standing to sue and the action is timely, but the case must be stayed during the pendency of its related appeal before the D.C. Circuit of the district court's dismissal of its citizen suit against AAN.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 20, 2023, Case #: 1:22cv3281, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, elections
J. Lamberth refuses to dismiss Campaign Legal Center’s action against Iowa Values, a conservative nonprofit group CLC argues is an unregistered political action committee. Contrary to the group's arguments, the district court has jurisdiction to hear the case and it is not moot.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 31, 2023, Case #: 1:21cv389, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, elections, Jurisdiction
J. Thompson finds that the trial court should not have ordered the return of 49 signatures from the recall petition for the Mayor of Jonesboro from office. In this case, the Registrar of Voters testified that she rejected the 49 signatures for not matching, and plaintiffs did not present independent witness testimony verifying the validity of the signatures. Reversed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: August 29, 2023, Case #: 55,513-CA, Categories: civil Procedure, elections
J. Perry vacates the trial court's judgment of disqualification in a suit challenging the candidacy of an individual seeking to run for St. Landry Parish President. The trial should not have proceeded without the court appointing "an attorney as curator ad hoc" to represent the individual since neither he nor his attorney appeared at the trial. Vacated.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: August 24, 2023, Case #: CA-23-537, Categories: civil Procedure, elections
J. Perret finds, in this en banc opinion, that the trial court properly disqualified the individual as a candidate for election to the Louisiana House of Representatives, District 38. The record shows the individual "was not actually domiciled" in the district for one year before filing the paperwork to qualify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: August 23, 2023, Case #: CA-23-531, Categories: civil Procedure, elections
Per curiam, the appellate division finds that the lower court properly declared valid a nominating petition for candidate for town board in the independent Uniting Bethlehem Party line. The county election board thought the petition fell short of collecting necessary signatures, but registered voters swore they signed the petition and witnesses vouched for signatures they personally observed. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 17, 2023, Case #: CV-23-1390, Categories: civil Procedure, elections
Per curiam, the appellate division finds that the lower court improperly dismissed plaintiff's request to validate petitions seeking a permissive referendum on town resolutions to float bonds for construction of a highway garage and a storage facility at the town golf course. Plaintiff followed proper procedures in making a timely request, and thus the town clerk must put the resolutions on the ballot for the Nov. 7 general election. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 17, 2023, Case #: CV-23-0720, Categories: civil Procedure, elections