9 results for 'cat:"Civil Procedure" AND cat:"Elections" AND cat:"Government"'.
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
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
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
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
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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
J. Wise finds that the trial court should have dissolved a temporary injunction because the relevant statute had been amended by the state legislature. Members and candidates in the Libertarian Party had obtained an injunction enjoining the Texas Secretary of the State from rejecting third-party nominees for a general election ballot for not paying a filing fee or submitting a petition in lieu thereof. The change in the law that requires a fee/petition as a prerequisite to nomination nullifies the basis for the temporary injunction. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: June 8, 2023, Case #: 14-22-00091-CV, Categories: civil Procedure, elections, government