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E.D. Ark.

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Format: 2020
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Mays v. Thurston (James M. Moody, Jr., E.D. Ark. 4:20-cv-341)
The district judge denied a request for an order during a global infectious pandemic extending the deadline for absentee ballots from received by election day to mailed by election day, finding that any difficulty that the plaintiffs would have in submitting their absentee ballots on time would arise from the pandemic and not from state action.
Subject: Absentee and early voting. Topics: COVID-19; absentee ballots

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Winstead v. Stodola (William R. Wilson, Jr., E.D. Ark. 4:07-cv-682)
Five days before a special election, a federal complaint challenged a ballot measure that would convert the position of Little Rock mayor from part time to full time. Following two recusals, the district judge then assigned the case denied immediate relief on the day before the election.
Topics: Ballot measure; case assignment; recusal; class action.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Jacob v. Board of Directors (G. Thomas Eisele, E.D. Ark. 4:06-cv-1007)
A federal complaint alleged that incumbent school board candidates, and not other candidates, were improperly allowed to appear before school district staff meetings. Just over two weeks later, the district judge denied the plaintiffs immediate relief on a finding that the school board had not conspired to advance the incumbents’ candidacies. The incumbents were defeated in the election.
Topics: Early voting; intervention; equal protection.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Cox v. Donaldson (George Howard, Jr., E.D. Ark. 5:02-cv-319)
Three school board members filed a federal complaint on September 3, 2002, to enjoin a September 17 school board election. Five school board directors served staggered five-year terms, and the opening of all seats to new elections was intended to accommodate the 2000 census data. On the day after the election, the district judge issued an agreed order temporarily enjoining certification of the election. The following May, the parties agreed that the election would be certified only for the position with the expired term.
Topics: Enjoining elections; enjoining certification.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Copeland v. Priest (George Howard, Jr., E.D. Ark. 4:02-cv-675)
An October 25, 2002, federal complaint sought the restoration of voter registrations for students and other persons living in university housing. The first judge assigned recused himself because he was out of town, and the second judge recused himself because one plaintiff’s father was the governor, whose opponent the judge’s wife supported. A third judge granted the plaintiffs relief, finding that the state judge’s order nullifying registrations improperly created “an irrebuttable presumption that would-be voters who live at a university address and are not members of the staff at a university are not residents.” The court awarded the plaintiffs #28,221.92 in attorney fees and costs.
Topics: Student registration; registration challenges; intervention; matters for state courts; case assignment; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Green Party of Arkansas v. Priest (George Howard, Jr., E.D. Ark. 4:01-cv-586)
A September 4, 2001, federal complaint challenged a state’s ballot access laws, which made it impossible for the Green Party to offer a candidate in a November 20 special election to replace a member of Congress who had been given a presidential appointment. The district judge tentatively granted the plaintiffs relief after a September 13 proceeding, and issued an opinion confirming the injunction four days later: “The State has no compelling interest in allowing unrecognized parties to participate in some elections but not others.” The plaintiffs were awarded $10,165.58 in attorney fees and costs.
Topics: Getting on the ballot; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Archival Copy on File

Linda Casey forwards an analysis of the features of district cost and delay reduction plans for 22 districts

Archival Copy on File

Abel J. Mattos updates Mark D. Shapiro on the progress and recommendations of each Circuit Review Committee regarding Civil Justice Expense and Delay Reduction Plan

Archival Copy on File

A table highlighting the different features of the Early Implementation District plans

Archival Copy on File

Lists which districts have submitted final or draft plans and reports

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