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W.D. Wash.

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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

Baca v. Hickenlooper (Wiley Y. Daniel, D. Colo. 1:16-cv-2986), Chiafalo v. Inslee (James L. Robart, W.D. Wash. 2:16-cv-1886), Koller v. Brown (Edward J. Davila, N.D. Cal. 5:16-cv-7069), and Abdurrahman v. Dayton (Paul A. Magnuson, D. Minn. No. 0:16-cv-4279)
After one party’s candidate earned more votes in the 2016 presidential election, but the other party’s candidate earned more Electoral College votes, electors in four states won by the popular-vote victor filed federal complaints to relieve electors from voting as pledged. No federal court granted any plaintiff immediate relief. But in 2019, a court of appeals ruled that the Constitution requires states to allow electors to vote as they please.
Subject: Voting irregularities. Topics: Electoral College; intervention; laches.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Washington State Republican Party v. Reed (Marsha J. Pechman, W.D. Wash. 2:04-cv-2350)
Supporters of a gubernatorial candidate filed a federal complaint over a weekend challenging recount procedures. The Clerk of Court was able to find a judge available to hear the case on an emergency basis, and the judge held a telephonic conference on Sunday. The judge determined that immediate relief was not required because the ballots in question would be preserved for later examination. Litigation in state and federal court continued as the recount continued, and the federal plaintiffs’ candidate ultimately did not prevail.
Topics: Recounts; equal protection; intervention; case assignment; matters for state courts.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Doe v. Reed (Benjamin H. Settle, W.D. Wash. 3:09-cv-5456)
Persons who signed a referendum petition filed a federal complaint seeking to enjoin the state’s releasing the identities of the over 138,500 signatories. The district court held a proceeding that afternoon and a hearing on the following day, which the state defendants chose not to attend. The court issued a temporary restraining order and held a preliminary injunction hearing a little more than a month later. The district court granted a preliminary injunction, but the court of appeals reversed. At the beginning of its term, the Supreme Court stayed the reversal, reinstating the injunction, but the Supreme Court affirmed the court of appeals at the end of the Court’s term. On remand, the district court denied the plaintiffs’ as-applied challenge and lifted the injunction. After the petitions were released on the Internet, the court of appeals determined that the case was moot.
Topics: Ballot measure; intervention.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

This report summarizes the results of a Center survey of district court judges to assess the frequency with which jurors used social media to communicate during trials and deliberations in the past two years, and to identify strategies for curbing this behavior. The survey was conducted at the request of the Judicial Conference Committee on Court Administration and Case Management. The survey also assessed the frequency with which attorneys use social media to conduct research on potential jurors during voir dire. The survey is a follow-up to one conducted in 2011 on jurors’ use of social media; attorneys’ use of social media was not addressed in the original survey.

In Print: Available for Distribution

A statutorily mandated report on the pilot court-annexed voluntary arbitration programs in eight federal district courts. The study examines program use in the context of the programs' referral systems. It is a companion to the 1990 FJC study of mandatory court-annexed arbitration programs, Court-Annexed Arbitration in Ten District Courts.

In Print: Available for Distribution

An evaluation of the Judicial Conference's 1991-1993 pilot program allowing electronic media coverage of federal civil proceedings in six district and two appellate courts. The report, which was originally presented to the Judicial Conference Committee on Court Administration and Case Management, provides information concerning applications for coverage and proceedings actually covered, as well as a content analysis of news broadcasts incorporating such coverage. It summarizes results from surveys of judges and attorneys in the pilot courts; interviews with judges, court staff administrators, and media representatives; and state studies of the effects of electronic media presence on witnesses and jurors.

Archival Copy on File

Cover letter to Clerk of the Court Bruce Rifkin's transmittal of the Western District of Washington Advisory Group Report and District Plan to Duane R. Lee of the Administrative Office

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