10 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"Elections"'.
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. Gustafson finds that the Attorney General's ballot statement, which was prepared in response to an order from this court, fails to meet the statutory requirement to inform voters about an initiative's provisions. Instead, the statement covers topics not addressed by the initiative. And the ballot statement prepared by the authors of the initiative also misstates the scope of the proposed constitutional amendment, which would create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. Therefore, a ballot statement prepared by the court is certified by the court.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 1, 2024, Case #: OP 24-0182, Categories: civil Rights, constitution, elections
Per curiam, the Northern District of Florida grants judgment to the Secretary of State in a suit alleging that congressional districting maps in North Florida intentionally dilute the votes of voters of color. At a bench trial, the voting-rights groups failed to prove that the Legislature ratified racial animus, whether it existed or not in the map's creation by the Governor, by failing to preserve a majority-Black district in North Florida.
Court: USDC Northern District of Florida, Judge: Per curiam, Filed On: March 27, 2024, Case #: 4:22cv109, NOS: State Reapportionment - Other Suits, Categories: civil Rights, constitution, elections
J. Gibney denies the state officials' motion to dismiss a count asking the court to use its equitable powers to enjoin the officials from enforcing a felony voter disenfranchisement provision that violates the Virginia Readmission Act. When Virginia sought to rejoin the Union in 1870, congress created an act that said that Virginia could never alter its constitution to disenfranchise citizens who could vote under Virginia's then-controlling constitution. The Act came with the exception that Virginia could amend its constitution to disenfranchise those convicted of crimes that, in 1870, were common law felonies, including murder, rape, and arson. Two former felons convicted of felonies not included as common law felonies properly alleged that Virginia is engaging in an ongoing violation of federal law.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: March 18, 2024, Case #: 3:23cv48, NOS: Voting - Civil Rights, Categories: civil Rights, constitution, elections
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J. Gustafson finds that the attorney general erroneously disqualified as legally insufficient a proposed ballot initiative that would amend the state constitution to create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. The initiative meets the constitutional separate vote requirement since it does not make two or more substantive and unrelated changes to the constitution. Also, the attorney general lacked statutory authority to append a fiscal statement to the proposed initiative, as the state budget director had already determined it would have no impact on state finances. And the attorney general shall review and prepare ballot statements in compliance with statute.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 18, 2024, Case #: OP 24-0052, Categories: civil Rights, constitution, elections
J. Massa finds that the trial court should have removed a senatorial candidate from the ballot because he failed to demonstrate that he was unfairly or unconstitutionally required to vote in consecutive republican primaries before running for office in that particular party, as he had not received differential treatment from other candidates. Reversed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 6, 2024, Case #: 23S-PL-371, Categories: civil Rights, constitution, elections
J. Southwick finds the district court improperly granted summary judgment in favor of the voter's advocacy organization, which challenges a Texas law requiring an original signature on registrations, arguing it violates the Civil Rights Act and the First and Fourteenth Amendments’ ban on undue voting rights burdens. Physically signing a form with warnings of penalties for perjury will dissuade false statements, the challenged statute imposes a small burden and the constitutional question grants states leeway in their authority. Texas’s interests in ensuring reliability and reducing fraud are sufficient to protect the "wet signature" rule from constitutional attack. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: December 15, 2023, Case #: 22-50536, Categories: civil Rights, constitution, elections
J. Ripple finds that the lower court properly found for the state in a citizen suit challenging the state's restriction on absentee voting for people under age 65. The right to vote does not include the claimed right to receive absentee ballots, so Indiana's decision to permit only elderly votes to vote by mail does not abridge the right to vote of those under age 65. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: August 15, 2023, Case #: 22-2835, Categories: civil Rights, constitution, elections
J. Roberts finds that the North Carolina Supreme Court properly ruled against the state regarding the legislature's power to adopt congressional maps, as the court has authority to intervene when congressional maps violate the state constitution by discriminating based on race. Affirmed
Court: US Supreme Court, Judge: Roberts, Filed On: June 27, 2023, Case #: 21-1271, Categories: civil Rights, constitution, elections