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Barr v. Galvin (Nathaniel M. Gorton, D. Mass. 1:08-cv-11340)
A minor party filed a federal complaint seeking an order allowing it to substitute its nominees for President and Vice President for the names used to gather ballot application signatures before the party’s nominating convention. The judge ruled in favor of the party because it was not clear whether statutory provisions on substitution of candidates applied to minor parties’ presidential candidates. After the election, the court of appeals determined that the statutory vagueness should be resolved by state court interpretation.
Subject: Getting on the ballot. Topics: Getting on the ballot; matters for state courts.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

¿OÍSTE? v. City of Lawrence (Nathaniel M. Gorton, D. Mass. 1:05-cv-12218)
On the Friday before a local election, two voters and a political organization filed a federal complaint seeking relief from a recent notification to a large number of potential voters that they had been placed on an inactive list. On Monday afternoon, the judge recessed proceedings for 23 minutes for the parties to agree on a statement to voters in both English and Spanish to be broadcast and printed in the media. Several months later, after three filings stating that the parties were working to resolve matters without litigation, the judge dismissed the case without prejudice.
Topics: Registration procedures; case assignment.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Morris v. City of Lawrence (Rya W. Zobel, D. Mass. 1:01-cv-11889)
On the day before a municipal election, a voter and two voting rights organizations filed a federal complaint challenging a city’s planned voter-identification requirement. Defense counsel acknowledged that voters would show up without identification, because they would not be aware of the new requirement, and they would only be able to vote if they signed their ballots. The court enjoined the requirement.
Topics: Voter identification; case assignment.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Phillips v. Galvin (Reginald C. Lindsay, D. Mass. 1:00-cv-12067)
A minor party’s presidential campaign filed a federal complaint seeking an injunction placing the party’s candidates on the November ballot despite a finding that some of its proposed presidential electors were not qualified. The court ruled against the party, in part because of laches.
Topics: Getting on the ballot; laches; interlocutory appeal.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

United States v. City of Springfield (Michael A. Ponsor, D. Mass. 3:06-cv-30123)
The Justice Department filed a civil complaint against Springfield, Massachusetts, on August 2, 2006, alleging violations of sections 203 and 208 of the Voting Rights Act for failure to provide Spanish- language election resources for Spanish-language voters. By four days before a September 19 primary election, the court and the parties came to agreement on a consent decree, which operated successfully until its expiration early in 2010.
Topics: Ballot language; three-judge court; primary election.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

McClure v. Galvin (Richard G. Stearns, D. Mass. 1:04-cv-10826)
An attorney and would-be candidate for state senate filed a pro se federal complaint alleging that he was improperly denied a place on the ballot as an independent candidate because he had voted in a primary election. Three weeks later, the court denied the plaintiff injunctive relief because of a Supreme Court precedent upholding a party disaffiliation requirement.
Topics: Getting on the ballot; pro se party; primary election.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Dowd v. Town of Dedham (Joseph L. Tauro and Marianne B. Bowler, D. Mass. 1:01-cv-10944)
A frequent pro se plaintiff filed a federal complaint four days before a municipal election. The plaintiff challenged denial of his right to vote arising from his eviction from a residence in the town. The judge granted the plaintiff in forma pauperis status and ordered him to show cause why the complaint should not be dismissed for lack of merit. The court of appeals affirmed dismissal of the action.
Topics: Pro se party; registration challenges.

One of many Case Studies in Emergency Election Litigation.

Prepared for the Court Administration and Case Management Committee of the Judicial Conference, this study shows there may be more advantages to remote public access to electronic criminal case documents than disadvantages or potential harm and that the majority of federal judges in the study favor access.

Archival Copy on File

Updated statistics for 44 districts with information for SY 1994

In Print: Available for Distribution

An evaluation of the Judicial Conference's 1991-1993 pilot program allowing electronic media coverage of federal civil proceedings in six district and two appellate courts. The report, which was originally presented to the Judicial Conference Committee on Court Administration and Case Management, provides information concerning applications for coverage and proceedings actually covered, as well as a content analysis of news broadcasts incorporating such coverage. It summarizes results from surveys of judges and attorneys in the pilot courts; interviews with judges, court staff administrators, and media representatives; and state studies of the effects of electronic media presence on witnesses and jurors.

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