13 results for 'cat:"Civil Rights" AND cat:"Elections" AND cat:"Government"'.
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 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
[Consolidated.] J. Biggs denies the state board of elections’ motion for summary judgment in an ongoing suit brought by the NAACP for alleged voting rights violations. While the board argues that the NAACP fails to demonstrate that things like requiring voters to have photo identification has racially discriminatory intent, the NAACP is correct that such requirements have historically been dsicriminatory. This and other genuine disputes of fact still exist.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: civil Rights, elections, government
J. Dick, ruling in a 91-page decision after a seven-day nonjury trial in December 2023, finds the state House and Senate electoral maps enacted by the Louisiana legislature violates the federal Voting Rights Act. Black litigants satisfied their burden of proving the electoral maps drawn by state legislators unlawfully dilutes black voting strength.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: February 8, 2024, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: civil Rights, elections, government
J. Dever denies two voters from a majority-Black Senate district in northeast North Carolina their motion for an extraordinary, mandatory preliminary injunction, which they claim is necessary to then establish a racially gerrymandered district in order to abide by the Voting Rights Act of 1965. The voters allege that the General Assembly violated the Act precisely because it did not engage in race-based district creation, disadvantaging Black voters in majority-white state. However, as the 2024 elections are already under way, the two voters fail to show that the Voting Rights Act needs this injunction to initiate race-based grouping of voters, and doing so would likely confuse voters and create chaos that could compromise election integrity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 26, 2024, Case #: 4:23cv193, NOS: Voting - Civil Rights, Categories: civil Rights, elections, government
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[Consolidated.] J. Haikala grants, in part, the county commission and its individual commissioners’ motions to dismiss claims brought by group of voters alleging the redistricting plan constitutes racial gerrymandering. The commissioners argue they should be dismissed in their official capacities because “local government units can be sued directly.” Therefore, the commissioners in their official capacities are dismissed because a jury could find the action redundant and confusing. The voters’ motion for preliminary injunction is denied and the claims against the commission will proceed. The parties are ordered to meet and confer before the scheduling conference.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: December 19, 2023, Case #: 2:23cv443, NOS: Voting - Civil Rights, Categories: civil Rights, elections, government
J. Gruender finds a lower court properly dismissed the Independence-Alliance Party of Minnesota's opposition to a rule that requires voters to swear on oath prior to placing their signatures on a petition in favor of a minor party. The alliance argued that forcing voters who support the minor political party to sign a petition with an oath requirement violates the First Amendment, and that some prospective signatories are concerned that signing the petition means forfeiting a right to cast their ballots in the primary election. However, the Minnesota Secretary of State presented sufficient evidence in court that the oath requirement places an "insubstantial burden" on voters, who can change their minds at any time before voting in the primary. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 1, 2023, Case #: 23-1074, Categories: civil Rights, elections, government
[Consolidated.] J. Chambers grants the former Cabell County Clerk's motion to dismiss civil rights suits claiming the failure of both her office and the Cabell County Commission to have an accurate map of magisterial districts in place by the filing deadline of the 2022 primary election resulted in candidates' removal from the ballot. In addition to the candidates' failure to provide any facts that the magisterial district in which they were running was hastily redrawn as " 'a subterfuge from eliminating [them] from the ballot'", the former clerk did not violate their rights to due process since they "do not have a property or liberty interest in any political or elected office."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: November 29, 2023, Case #: 3:23cv129, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, elections, government
J. Rodriguez partially grants summary judgment in favor of civil rights advocates and the United States in a major ongoing case challenging the validity of a new voting security law in Texas. Some aspects of the law violate the Civil Rights Act of 1964 and should not be enforced, including rules requiring Texas voting officials to automatically reject mail-in ballots or applications regardless of whether that person is eligible to vote in Texas.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 29, 2023, Case #: 5:21cv844, NOS: Voting - Civil Rights, Categories: civil Rights, elections, government
J. Watson dismisses a complaint by a group of voters against the Hawaii Republican Party, the state office of elections, attorneys and judges. The voters’ claims that the party interfered with the results of the 2022 primary elections and that the state courts did not properly hear that claim should have been appealed in the original courts and the federal court does not have jurisdiction.
Court: USDC Hawaii, Judge: Watson, Filed On: November 21, 2023, Case #: 1:23cv370, NOS: Voting - Civil Rights, Categories: civil Rights, elections, government
J. Stras finds a lower court properly dismissed the Arkansas State Conference NAACP and the Arkansas Public Policy Panel advocacy organizations' motion to challenge a new map established to forge 11 majority- Black districts in the state. The advocacy groups, who filed suit against the state's board of apportionment, argued that the new map violates the Voting Rights Act. However, the state's public policy panel provided sufficient evidence in court that the only party entitled to file suit is the U.S. Attorney, and not citizens groups. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: November 20, 2023, Case #: 22-1395, Categories: civil Rights, elections, government
J. Rothstein dismisses the self-proclaimed election officer's complaint alleging that the county and others supported laws recognizing her act of placing signs near ballot boxes during the August 2022 Washington State primary election as a criminal form of voter intimidation. The individual does not have standing to challenge “the Electioneering Laws," because she does not present sufficient facts that the county based its actions on the those laws. Also, she fails to argue her First Amendment violation claim because her actions happened in her individual capacity rather than as an election officer.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 19, 2023, Case #: 2:22cv1252, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, elections, government
J. Guaderrama mostly declines to dismiss a massive civil rights lawsuit brought against Texas Governor Greg Abbott and other state officials and entities over new the latest round of Texas legislative redistricting, which civil rights groups allege violate the Voting Rights Act and the constitution. Nonetheless, there are some deficiencies involving aspects of the civil rights groups’ case — among them, Gingles claims involving state house district 31, a majority Latino district in South Texas where the longtime Latino state representative, Ryan Guillen, recently switched to the Republican Party. The civil rights groups must allege that either “Guillen will win the general election but that he is not the Latino candidate of choice” or that “if Guillen is the Latino candidate of choice, he will lose the general election due to Anglo bloc voting,” neither of which they have successfully shown.
Court: USDC Western District of Texas , Judge: Guadderama, Filed On: June 16, 2023, Case #: 3:21cv259, NOS: Voting - Civil Rights, Categories: civil Rights, elections, government