55 results for 'cat:"Constitution" AND cat:"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
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. 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
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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. 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
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
J. Clay finds the district court properly dismissed the former mayor’s complaint against the Warren City, Michigan, city council, election commission, the city clerk and county clerk. The former mayor served in that position for four terms when the election commission changed the city charter to the existing term limits. He alleges the new limits imposes a legal disability based on past conduct but fails to he was intentionally discriminated against by changing the amendment.
Court: 6th Circuit, Judge: Clay, Filed On: April 2, 2024, Case #: 23-1826, Categories: constitution, elections, Due Process
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
J. McGrath finds that the district court properly held that four bills passed in the 2021 legislative session unconstitutionally restrict voter access.
Ending election day voter registration would interfere with the right to vote without efficiently promoting a compelling state interest. Banning paid ballot collection would also interfere with the right to vote, particularly for Native Americans. Disqualifying the use of student IDs from in-person voting would impose a minimal burden on student voting but the Secretary of State failed to show the law reasonably eases administrative burdens or improves voter confidence. Ending the practice of sending ballots to voters under 18 who will turn 18 by election day would impermissibly remove the opportunity for absentee voting for a subclass of voters. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: March 27, 2024, Case #: DA 22-0667, Categories: 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. Jackson dismisses a group of D.C. residents' challenge to a law that allows noncitizen residents to vote in local elections. They fail to show an injury-in-fact and, therefore, lack standing.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 20, 2024, Case #: 1:23cv1261, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, elections, Jurisdiction
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
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
Per curiam, the U.S. Supreme Court finds that the Colorado Supreme Court improperly excluded Donald Trump from the 2024 election ballot for inciting a fatal and destructive riot after he lost the 2020 election because only Congress has the power to declare someone ineligible for becoming president under the fourteenth amendment. Reversed.
Court: US Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-719, Categories: constitution, elections, Government
J. Wooten finds that the lower court improperly declared that Local Law No. 11 does not violate the New York State Election Law. The law created a new class of voters called "municipal voters" who would be entitled to vote in municipal elections if they are authorized to work in the U.S. and a resident of New York City for more than 30 days. It would authorize approximately 800,000 non-U.S. citizens to vote and dramatically increase the pool of eligible voters. However, the law violates the New York State Constitution that limits voting exclusively to "citizens." Reversed.
Court: New York Appellate Divisions, Judge: Wooten, Filed On: February 21, 2024, Case #: 00891, Categories: constitution, elections
J. Biggs overrules the North Carolina NAACP’s objection to a magistrate judge’s order denying the NAACP’s motion to reopen discovery in this case challenging a state Senate bill regarding voter identification requirements. The NAACP claims the bill is unconstitutional and discriminatory and made a motion for a brief period in which to reopen and update discovery in light of newly admitted parties. The magistrate judge necessarily denied the motion after allowing the NAACP to propose it to the state board parties first, who denied it. Also, the NAACP claims that the state board parties are obligated to present all public records concerning the Senate bill, the decision about which is given back to the magistrate judge.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 12, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: constitution, elections, Government
Per curiam, the Minnesota Supreme Court finds that the voters have standing to assert that it would be error to place former President Donald Trump's name on 2024 presidential ballots, but that only their claim regarding the 2024 Republican Party primary ballot is ripe. It is not error to place Trump's name on the ballot, since the Minnesota Legislature has established that primaries are internal party elections, and therefore do not implicate the Fourteenth Amendment of the U.S. Constitution, under which the voters have claimed Trump is ineligible because of his alleged participation in an insurrection against the United States.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: February 7, 2024, Case #: A23-1354, Categories: constitution, elections
J. Traynor grants the State Election Director of North Dakota's motion for dismissal after the county auditor speculated that North Dakota’s process violates federal election law concerning the post-marked date of absentee ballots and alleged that the North Dakota system is at odds with the Constitution. The county auditor's position simply requires the auditor to to perform his duties as a North Dakota election official to the best of his ability. The auditor's risk of criminal prosecution is speculative and does not constitute an injury in fact.
Court: USDC North Dakota , Judge: Traynor, Filed On: February 2, 2024, Case #: 1:23cv123, NOS: Other Statutory Actions - Other Suits, Categories: constitution, elections
J. Brimmer denies the Colorado Republican Party an injunction in claims challenging the constitutionality of Proposition 108, which allows
voters not affiliated with a political party to vote in nonpresidential primary elections, because the party failed to demonstrate the proposition imposes a severe burden on all political parties or that a party’s nominee would be “determined by adherents of an opposing party.”
Court: USDC Colorado, Judge: Brimmer, Filed On: February 2, 2024, Case #: 1:23cv1948, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, elections
J. Johnson grants, in part, the New Mexico Republican Party's motion for attorney fees, ruling that while its successes on the merits of its lawsuit entitles it to an award of fees, the requested amount includes duplicative billing and non-compensable clerical work that must be removed; therefore, the law firm will be awarded more than $472,000 in fees.
Court: USDC New Mexico, Judge: Johnson, Filed On: January 31, 2024, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, elections, Attorney Fees
J. McGrath finds that the district court abused its discretion in denying attorney fees under the private attorney general doctrine. A bill passed in 2021 was challenged on the constitutional grounds that last-minute amendments changed its original purpose and that the bill violated the single-subject rule. Attorney fees are due because the successful effort was a vindication of important constitutional rights, private enforcement was necessary and the challenge addressed issues of statewide importance. Reversed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: January 31, 2024, Case #: DA 22-0639, Categories: constitution, elections, Attorney Fees
J. Bustamante finds the failure to hold a pre-decision hearing by the Albuquerque city clerk did not violate the due process rights of the mayoral candidate who applied for public campaign financing. The denial of such financing is not a "death knell" to a campaign that warrants such constitutional protections, while the candidate was also fully aware of complaints against him before he submitted his application. The candidate was also able to present testimony and evidence to support his application at an appeal hearing that took place less than a week after the initial decision; therefore, no due process violation occurred. Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 23, 2024, Case #: A-1-CA-39971, Categories: constitution, elections, Due Process
J. Cole grants the Republican Senatorial Committee's motion to certify, ruling the question of whether coordinated party expenditure limits in the Federal Election Campaign Act violate the committee and candidate's First Amendment rights must be posed to the en banc Sixth Circuit. The committee and Senator J.D. Vance have altered fundraising operations under threat of enforcement, which grants them standing to challenge the restrictions, and while the U.S. Supreme Court has ruled on the constitutionality of expenditure limits in Colorado II, the specific nature of the question at issue in this case warrants consideration by the appeals court regardless of binding precedent.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 19, 2024, Case #: 1:22cv639, NOS: Other Civil Rights - Civil Rights, Categories: constitution, elections, First Amendment