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S.D. W. Va.

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Daly v. Tennant (Robert C. Chambers, S.D. W. Va. 3:16-cv-8981)
A state’s secretary of state interpreted a state supreme court’s opinion to retroactively apply an early ballot qualification deadline for independent and unrecognized-party candidates. Two candidates disqualified by the ruling filed a federal complaint, and the district judge granted the candidates a preliminary injunction against the ruling. The plaintiffs were awarded $34,234.81 in attorney fees and costs.
Subject: Getting on the ballot. Topics: Getting on the ballot; matters for state courts; intervention; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Mullins v. Cole (Robert C. Chambers, S.D. W. Va. 3:16-cv-9918)
A district judge determined that a county clerk’s refusal to accept online voter registrations from the state’s website violated equal protection. The judge issued a preliminary injunction five days after the complaint was filed.
Topics: Registration procedures; equal protection; class action; student registration; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

United States v. West Virginia (John T. Copenhaver, Jr., S.D. W. Va. 2:14-cv-27456)
A state supreme court ordered a replacement candidate for a state legislative election, granting a writ of mandamus that also requested the nullification of absentee ballots already sent out that included the withdrawn candidate’s name. The Justice Department sought an injunction requiring that votes for federal offices be counted in the otherwise voided absentee ballots for overseas voters if the overseas voters did not cast corrected ballots. Although the district judge denied the Justice Department preliminary relief, on full briefing the judge ordered federal votes counted for the four ballots at issue.
Subject: Absentee and early voting. Topics: Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA); absentee ballots; matters for state courts.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Kleisner v. City of White Sulphur Springs (David A. Faber, S.D. W. Va. 5:03-cv-101)
A motion for a temporary restraining order against a municipal annexation election omitted an affidavit of immediate injury, verification of the complaint, and reference to defendant notice, so the district judge denied the motion. In addition, a state court had already stayed the election.
Topics: Enjoining elections; absentee ballots; ballot measure; matters for state courts; class action.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Nader 2000 Primary Committee v. Hechler (Charles H. Haden II, S.D. W. Va. 2:00-cv-839)
Supporters of a presidential candidate challenged his disqualification from the general election ballot while another candidate qualified by submitting his ballot petition on the day before the number of signatures required to qualify doubled. The district judge granted the plaintiffs a preliminary injunction, also finding that it was probably unconstitutional for the state to require petition circulators to be registered to vote in the state.
Topics: Getting on the ballot; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Barr v. Ireland (John T. Copenhaver, Jr., S.D. W. Va. 2:08-cv-990)
A minor party complained that it was unfair to require it to submit ballot petition signatures in advance of major parties’ declaring their candidates. The district judge dismissed the complaint, finding the deadline reasonable in light of the time required to verify signatures before the preparation of absentee ballots. The judge also concluded that the reason that the party did not meet the deadline was that it started collecting signatures too late.
Topics: Getting on the ballot; intervention; absentee ballots.

One of many Case Studies in Emergency Election Litigation.

Archival Copy on File

Southern District of West Virginia Chief Judge Charles H. Haden II transmits a list of local rules changes for his district to Administrative Office Director L. Ralph Mecham

Archival Copy on File

Samuel W. Phillips transmits a certified copy of Judicial Council Order No. 102 approving the latest amendments to the Jury Selection Plan for the Southern District of West Virginia to Chief Judge Charles H. Haden II

Archival Copy on File

Updated statistics for 44 districts with information for SY 1994

Archival Copy on File

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

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