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E.D. Cal.

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Salazar v. Monterey County (5:03-cv-3584) and Oliverez v. California (5:03-cv-3658) (Jeremy Fogel, N.D. Cal.); Hernandez v. Merced County (1:03-cv-6147) and Gallegos v. California (1:03-cv-6157) (Oliver W. Wanger, E.D. Cal.)
When the state set a special election on whether to recall the governor, a ballot initiative was moved from a primary election to the earlier special election. Separate federal cases alleged that the recall and the early ballot initiative could not be held because they had not been precleared pursuant to section 5 of the Voting Rights Act as required for four of California’s counties. The state obtained preclearance just as a three-judge district court met to review the case. The judge presiding over two similar cases in another of the state’s districts allowed the court presiding over the cases filed earlier to decide the issues.
Subject: Recall elections. Topics: Section 5 preclearance; three-judge court; enjoining elections; news media; ballot measure.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Grinols v. Electoral College (Morrison C. England, Jr., E.D. Cal. 2:12-cv-2997)
Four days before the Electoral College’s vote, a federal complaint challenged the President’s reelection on the grounds that the President allegedly was a citizen of Indonesia. The district court ultimately dismissed the action as a political question. The court of appeals affirmed the dismissal on the ground that the case was moot.
Topics: Enjoining certification; case assignment; Electoral College.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

This California Superior Court document is made available on the Federal Judicial Center website at the request of the authors of Managing Class Action Litigation: A Pocket Guide for Judges, Third Edition, where it is cited on pages 12 and 40 (bibliography). 

 

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