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W.D. Mo.

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Missourians for Fiscal Accountability v. Klahr (Ortrie D. Smith, W.D. Mo. 2:14-cv-4287)
A district court’s temporary restraining order blocked a proscription on forming a campaign committee fewer than 30 days before an election. After the election, the district judge determined that the case was not moot, but he later determined that it was not ripe. The court of appeals concluded that the case was ripe, and the district judge then issued a summary judgment that the proscription was unconstitutional. The court of appeals agreed, and the district judge awarded the plaintiff $158,055.80 in attorney fees and costs.
Subject: Campaign activities. Topics: Campaign finance; attorney fees; recusal; ballot measure.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Hawkins v. Blunt (Scott O. Wright and Richard E. Dorr, W.D. Mo. 2:04-cv-4177)
The case concerndc whether voters could cast provisional ballots at polling places to which they were not assigned. Claims were mooted by the state’s agreeing to alter its procedures for counting provisional ballots.
Subject: Provisional ballots. Topics: Help America Vote Act (HAVA); provisional ballots; intervention; case assignment; primary election.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Prye v. Blunt (Ortrie D. Smith, W.D. Mo. 2:04-cv-4248)
A prospective voter filed a federal complaint one month before a general election challenging a state’s disqualification of voters under guardianship. The district judge denied the plaintiff immediate relief because of state court opportunities to reserve voting rights in limited guardianship. For similar reasons, the judge granted defendants summary judgment against a substituted plaintiff who was erroneously denied the vote because of a misunderstanding about the plaintiff’s reserved voting rights. The court of appeals affirmed the summary judgment because the substituted plaintiff had already received a remedy and an advocacy organization co-plaintiff did not have standing to represent the interests of mere constituents.
Topics: Registration challenges; matters for state courts.

One of many Case Studies in Emergency Election Litigation.

Archival Copy on File

Report on the programs adopted by districts designated as demonstration districts by the Civil Justice Reform Act. Includes list of issues to address in designing a mediation program.

Archival Copy on File

This report to the Senate and the House Judiciary Committees includes information on the progress and procedures of CJRA implementation, the contents of district plans, and the results of implementation in pilot courts.

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