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M.D. Pa.

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Format: 2019
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De la Fuente Guerra v. Democratic Party of Florida (Robert L. Hinkle, N.D. Fla. 4:16-cv-26), De la Fuente v. Kemp (Richard W. Story, 1:16-cv-256) and De la Fuente v. Kemp (Mark H. Cohen, 1:16-cv-2937) (N.D. Ga.), De la Fuente v. South Carolina Democratic Party (Cameron McGowan Currie, D.S.C. 3:16-cv-322), De la Fuente Guerra v. Winter (Robert C. Brack, D.N.M. 1:16-cv-393), De la Fuente v. Krebs (Roberto A. Lange, D.S.D. 3:16-cv-3035), De la Fuente v. Cortés (John E. Jones III, M.D. Pa. 1:16-cv-1696), De la Fuente v. Wyman (Benjamin H. Settle, W.D. Wash. 3:16-cv-5801), and De la Fuente v. Alcorn (Liam O’Grady, E.D. Va. 1:16-cv-1201)
A prospective candidate for president in 2016 filed federal complaints challenging his exclusion from primary election and general election ballots in several states. In 2018, the candidate achieved a change to ballot access rules in Virginia.
Subject: Getting on the ballot. Topics: Getting on the ballot; pro se party; laches; primary election; matters for state courts; Electoral College; absentee ballots; interlocutory appeal; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

League of Women Voters of Pennsylvania v. Pennsylvania (Michael M. Baylson, E.D. Pa. 2:17-cv-5137) and Corman v. Torres (Christopher C. Conner, Kent A. Jordan, and Jerome B. Simandle, M.D. Pa. 1:18-cv-443)
After a state supreme court redrew congressional district lines to remedy excessive partisan gerrymandering, opponents of the new lines sought a federal court injunction against the state court decision. A three-judge district court declined to enjoin the state court’s new lines. An earlier attempt to remove the litigation to federal court was unsuccessful because the removal was attempted without the consent of all defendants.
Subject: District lines. Topics: Matters for state courts; malapportionment; three-judge court; intervention; case assignment; removal; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

United States v. Pennsylvania (1:04-cv-830) and Reitz v. Rendell (1:04-cv-2360) (Yvette Kane, M.D. Pa.)
The Justice Department sued to require Pennsylvania to send out absentee ballots to military personnel overseas in time for them to come back and be counted for a primary election. The judge ordered an extension of the ballots’ due date. The judge also ordered an extension for military absentee ballots in the general election on a complaint by parents of two soldiers.
Topics: Absentee ballots; military ballots.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Belitskus v. Pizzingrilli (A. Richard Caputo, M.D. Pa. 3:00-cv-1300)
Eight days in advance of a filing deadline, a federal complaint objected to a ballot filing fee. The district judge denied immediate relief on the following day and set the matter for hearing two days after that. After the hearing, the judge ordered the commonwealth to provide an alternative to the fee for those unable to pay. The court of appeals affirmed.
Topics: Getting on the ballot; equal protection; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Baldwin v. Cortés (Yvette Kane, M.D. Pa. 1:08-cv-1626)
A minor party’s complaint alleged that it was improper for the state to require minor parties to submit ballot petitions earlier and with more signatures than what was required for major parties. The court of appeals affirmed a judgment by the district court of no impropriety in the ballot access requirements.
Topics: Getting on the ballot; case assignment.

One of many Case Studies in Emergency Election Litigation.

Archival Copy on File

Chief Judge Sylvia H. Rambo transmits a revised copy of the Middle District of Pennsylvania's Civil Justice Reform Act of 1990 Expense and Delay Reduction Plan to Administrative Office Director L. Ralph Mecham. The plan was adopted September 1993, then revised October 1st, 1994.

Archival Copy on File

Updated statistics for 44 districts with information for SY 1994

Archival Copy on File

Cover letter of Abel J. Mattos's transmittal of the Civil Justice Reform Act Plan and Report for the Middle District of Pennsylvania to Judge Jane A. Restani for her review

Pages

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