325 results for 'cat:"Elections"'.
Per curiam, the appellate division finds that the lower court improperly dismissed a petition for a declaration that the July 27, 2023 elections of the democratic district leaders for the 68th Assembly District, Part A are null and void. The elections were invalid because the meeting of 13 out of 84 members of the divisional committee lacked a quorum, and notice for the meeting should have been sent to members elected in the June 2023 primaries, not the outgoing 2022 members. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02255, Categories: 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. Campbell grants in part the Tennessee NAACP's motion for summary judgment as to certain counts in this lawsuit concerning the state's voter registration forms and its processing of those forms, particularly as it relates to individuals convicted of a felony. The court concludes that the forms at issue fail to comply with the National Voter Registration Act requirement to inform "applicants of voter eligibility requirements." The court cannot establish the "level of specificity" required, however, based on the parties' insufficient briefing.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: April 18, 2024, Case #: 3:20cv1039, NOS: Voting - Civil Rights, Categories: Civil Rights, elections
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: Administrative Law, elections, Health Care
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J. Garcia finds that the lower court properly granted attorney Sidney Powell's no-evidence motion for summary judgment in the underlying disciplinary proceeding, in which the disciplinary commission claimed she had violated certain rules of conduct by allegedly filing two exhibits without their dates in a Georgia election lawsuit. On appeal, the commission argues that the lower court erred by sustaining the lawyer's objections to its evidence, but the court concludes that the arguments are meritless. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 17, 2024, Case #: 05-23-00497-CV, Categories: elections, Evidence, Attorney Discipline
J. Docherty denies the pillow magnate and his company's motion to reconsider an order on their earlier motion to compel, partially grants their separate motion to compel, and grants their motion to amend the scheduling order in the voting machine company's suit against them alleging that they made defamatory claims in disputing the results of the 2020 presidential election. The original ruling on the earlier motion to compel was not in error, and the motion for reconsideration is not properly before the court. The motion to compel is timely as to four of its requests for production, but not for two others, and of the four timely-challenged requests, the voting machine company must supplement its disclosures for one.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 15, 2024, Case #: 0:22cv98, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: elections, Defamation, Discovery
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: elections, Government, Employment Retaliation
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: Anti-slapp, elections, Defamation
J. Brody finds that the district court properly rejected a challenge to recent legislation ending the acceptance of social security numbers and student identification cards at polls. While the challengers raised a constitutional issue sufficient for standing, the legislature has the authority to place qualifications and conditions on the right of suffrage and the new laws are reasonably related to preserving the integrity of the election process. The potential for additional burdens on some voters is not so great that the right of suffrage is annulled and the new laws' goal of creating uniformity does not violate equal protection rights. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: April 11, 2024, Case #: 51227, Categories: elections, Equal Protection
J. Earl finds that the trial court properly held that statute allows a candidate to simultaneously run in primary elections for both a state assembly seat and a U.S. Congressional seat. The statute that limits a candidate to one race does not apply to all candidates, but only to the independent nomination of candidates subsequent to a primary election.
Court: California Courts Of Appeal, Judge: Earl, Filed On: April 9, 2024, Case #: C100304, Categories: elections
J. Nichols grants the communications conglomerate's motion to dismiss the right-wing broadcaster's counterclaims seeking indemnification in a suit brought by a voting machine company alleging that the broadcaster defamed the voting machine company in connection with the 2020 presidential election. The broadcaster has not pleaded facts tying this suit to allegedly disparaging statements made by the conglomerate's subsidiaries or its former board chair, nor presented a plausible theory as to why those statements would have influenced the voting machine maker to sue the broadcaster. Non-disparagement provisions in the broadcaster's contract with the communications conglomerate, therefore, do not create an obligation to indemnify the broadcaster. Tortious interference claims also fail, since the broadcaster has not plausibly alleged that the board chair was acting as an agent of the voting machine company or its majority owner when the communications company's subsidiary satellite TV provider dropped the broadcaster.
Court: USDC District of Columbia, Judge: Nichols, Filed On: April 9, 2024, Case #: 1:21cv2130, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: elections, Defamation, Indemnification
J. Veljacic finds that the lower court improperly granted summary judgment in favor of a homeowners association after a household sued them when they were forced by the HOA to remove a political sign in their yard. They were forced to remove the sign just prior to a primary election, and the local laws governing political signs "unambiguously disallows" an HOA from prohibiting yard signs before an election. Reversed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 9, 2024, Case #: 57740-2-II, Categories: Civil Rights, 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
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
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
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
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. Dever partially grants the North Carolina Green Party’s motion for attorney’s fees and costs in ongoing litigation against the state’s board of elections after it initially failed to qualify the party and allow candidates to run in the 2022 election. The North Carolina Democratic Party and affiliates became intervenors for the board. The party correctly accuses them of frivolously hampering its efforts to get the required number of signatures for its candidates to run and is awarded partial fees and costs based on this action alone.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 2, 2024, Case #: 5:22cv276, NOS: Voting - Civil Rights, Categories: elections, Government, Attorney Fees
[Consolidated.] J. Schroeder denies the North Carolina Board of Elections’ motion to dismiss several voter advocacy groups’ complaint that a particular bill allegedly threatens voter protections. Currently, North Carolina practices non-forwardable voter registration verification, meaning when someone registers to vote and votes on the same day, they are sent a card to the address under which they registered. Then, if the state board of elections does not receive said card, the voter’s ballot is removed from the official count. The advocacy groups have shown here, and in other recent litigation, plausible evidence that the potential harm caused to voters by continuing this process without giving them notice and a chance to prove their residency is likely more harmful than the possible injury to the government if the process remains the same.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 2, 2024, Case #: 1:23cv878, NOS: Voting - Civil Rights, Categories: elections, Government
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. Robinson rules a civilian may pursue retaliation claims against a board of City commissioners. The civilian, a Republican candidate for County Commissioner, sufficiently showed in court that the board chilled his speech by interrupting him during public commentary.
Court: USDC Kansas, Judge: Robinson, Filed On: April 1, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, elections, Equal Protection
J. Fox finds the lower court erroneously denied the election commission's request to require the political advocacy group to disclose contributions and expenditures. The group's "major purpose" was the support or opposition to three ballot issues and Colorado election law does not limit the scope of the commission's inquiry to a single issue. The commission was entitled under Colorado law to consider the aggregate spending of the advocacy group, which existed entirely of the ballots issues and subjected its finances to disclosure. Reversed.
Court: Colorado Supreme Court, Judge: Fox, Filed On: March 28, 2024, Case #: 2024COA31, Categories: elections, Evidence
J. Rushing finds the lower court properly denied the requested preliminary injunction. The pair of voters argued the state senate districts drawn in 2023 violated the Voting Rights Act of 1965, claiming it effectively disenfranchised Black voters. The voters sought an injunction erasing the current districts and allowing them to draw the lines before the 2024 election cycle. The proximity to the election and not showing the extraordinary circumstances necessary to justify disrupting the status quo before trial makes the injunction not feasible. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: March 28, 2024, Case #: 23-1095, Categories: elections, Government
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
J. Joyce finds procedure amendment IP 14 complies with the state constitution’s “separate vote” requirement. “The multiple substantive changes that it makes are ‘closely related’ and, thus, comply.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 27, 2024, Case #: A181565, Categories: elections