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D. Nev.
Fair Maps Nevada v. Cegavske (Miranda M. Du , 3:20-cv-271) and Fight for Nevada v. Cegavske (Richard F. Boulware II, 2:20-cv-837) (D. Nev.)
An organization collecting signatures to put a constitutional amendment on Nevada’s ballot received a court-ordered extension of the due date during a global infectious pandemic, which triggered state-ordered social distancing, on a finding of diligence in collecting signatures before social distancing went into effect. An organization seeking the recall of Nevada’s governor did not receive a deadline extension on a finding that it collected few signatures before social-distancing requirements.
Subject: Ballot measures. Topics: Ballot measure; COVID-19; getting on the ballot.
One of many Case Studies in Emergency Election Litigation.
Paher v. Cegavske (Miranda M. Du, D. Nev. 3:20-cv-243)
A district judge denied an injunction to voters who complained that extensive voting by mail during a global infectious pandemic would dilute legitimate votes, finding the allegation too speculative to afford standing or merit relief.
Subject: Absentee and early voting. Topics: COVID-19; absentee ballots; intervention; primary election.
One of many Case Studies in Emergency Election Litigation.
Townley v. Nevada (Robert C. Jones, D. Nev. 3:12-cv-310)
A June 8 federal complaint sought to prohibit a state from including “none of these candidates” on the ballot, because state law prevented that choice from prevailing. On August 22, the judge granted the plaintiffs relief, but the court of appeals stayed the injunction. Later, the court of appeals determined that the plaintiffs did not have standing because the relief sought—elimination of the none-of-these choice—would not redress the alleged impropriety—not counting none-of-these votes when determining the winner.
Subject: Voting procedures. Topics: Intervention; recusal; case assignment; Electoral College.
One of many Case Studies in Emergency Election Litigation.
Democratic National Committee v. Republican National Committee (Dickinson R. Debevoise and John Michael Vazquez, D.N.J. 2:81-cv-3876), Arizona Democratic Party v. Arizona Republican Party (John J. Tuchi, D. Ariz. 2:16-cv-3752), Nevada State Democratic Party v. Nevada Republican Party (Richard F. Boulware II, D. Nev. 2:16-cv-2514), Ohio Democratic Party v. Ohio Republican Party (James S. Gwin, N.D. Ohio 1:16-cv-2645), Pennsylvania Democratic Party v. Republican Party of Pennsylvania (Paul S. Diamond, E.D. Pa. 2:16-cv-5664), North Carolina Democratic Party v. North Carolina Republican Party (Catherine C. Eagles, M.D.N.C. 1:16-cv-1288), and Michigan Democratic Party v. Michigan Republican Party (Mark A. Goldsmith, E.D. Mich. 2:16-cv-13924)
In 2004, a voter in Ohio moved to intervene in a 1981 District of New Jersey case, complaining that widespread voter registration challenges in Ohio violated a consent decree between the two major political parties in the New Jersey case. On the day before the election, the district court in New Jersey granted injunctive relief. A panel of the court of appeals, over a dissent, denied the defendants a stay, but the full court ordered en banc review on election day. Because the plaintiff was allowed to vote, the appeal was subsequently declared moot. In 2016, a suit was again filed in the District of New Jersey to enforce and extend the consent decree. Related actions were filed in six other states, plaintiffs were denied immediate relief there, and the actions were dismissed voluntarily after the election. A little more than one year later, the consent decree was terminated.
Subject: Campaign activities. Topics: Registration challenges; intervention; enforcing orders; laches; case assignment.
One of many Case Studies in Emergency Election Litigation.
The Patent Pilot Program (PPP), a ten-year pilot program addressing the assignment of patent cases in certain U.S. district courts, was established on January 4, 2011, by Pub. L. No. 111-349. At the request of the Judicial Conference’s Committee on Court Administration and Case Management, the Federal Judicial Center has been studying the PPP since the program's inception. This midpoint report presents key findings from the first five years of the program, gathering data for all patent cases filed on or after the individual PPP start date designated by each of the 13 current pilot courts through January 5, 2016. In that time, just over 12,000 patent cases were filed in the participating pilot districts.
Doe v. Miller (Gloria M. Navarro, D. Nev. 2:10-cv-1753)
On October 8, 2010, the Republican candidate for secretary of state filed a pro se federal complaint seeking relief from a county’s failure to mail absentee ballots to some overseas voters on time. The district judge dismissed the complaint as moot because of efforts election officials had already undertaken to remedy the error.
Topics: Absentee ballots; Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA); pro se party.
One of many Case Studies in Emergency Election Litigation.
Committee to Regulate and Control Marijuana v. Heller (James C. Mahan, D. Nev. 2:04-cv-1035)
Supporters of an initiative to regulate marijuana filed a federal complaint, claiming that Nevada had improperly disqualified signatures on their ballot petition. Three days later, the district judge enjoined the state from taking any action that would prevent the court from providing the plaintiffs with further injunctive relief. One month later, the judge invalidated a state provision requiring a minimum number of signatures from a supermajority of counties for a ballot measure, because the provision favored voters in small counties. Because the judge left in place a provision that resulted in the disqualification of signatures by voters who may not have registered before signing the ballot petition, the initiative failed to qualify for the election. The court of appeals affirmed the district judge’s decisions.
Topics: Ballot measure; getting on the ballot; equal protection; registration procedures.
One of many Case Studies in Emergency Election Litigation.
ABC, Inc. v. Heller (Philip M. Pro, D. Nev. 2:06-cv-1268)
Four weeks before the 2006 general election, news media sought federal court enforcement of their constitutional right to conduct exit polls within 100 feet of polling places. The court granted the media the relief they sought.
Topics: Exit polls; news media; attorney fees.
One of many Case Studies in Emergency Election Litigation.
Chesnut v. Democratic Party of Nevada (James C. Mahan, D. Nev. 2:08-cv-46)
In 2008, voters challenged Nevada’s Democratic Party’s plans for nominating caucuses in which some voters would be able to participate in at-large caucuses at times other than the scheduled time for regional caucuses. The court determined that the party had not exceeded its authority in determining its nominating procedures.
Topics: Party procedures; intervention; recusal.
One of many Case Studies in Emergency Election Litigation.
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