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Ballot Measure

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Contains
Contains
Format: 2019
Greater than or equal to
September 9, 2019
Robert Timothy Reagan

Schmitt v. Husted (Edmund A. Sargus., Jr., S.D. Ohio 2:18-cv-966)
As an election approached, a district judge enjoined local election board discretion to keep an initiative off the ballot without review more available than a writ of mandamus. The court of appeals, however, concluded that mandamus relief was not so insurmountable as to require federal judicial intervention.
Subject: Ballot measures. Topics: Ballot measure; getting on the ballot.

Downloadable file:
PDF icon Case Study 3 pages
August 6, 2019
Robert Timothy Reagan

Hyman v. City of Salem (Thomas S. Kleeh, N.D. W. Va. 1:19-cv-75)
A district judge enjoined removal of a marijuana decriminalization initiative from a city’s ballot as content-based discretion to remove an initiative that might be in conflict with state law.
Subject: Ballot measures. Topics: Ballot measure; getting on the ballot.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 1 page
May 14, 2019
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Johnson v. Riley (Sharon Lovelace Blackburn, N.D. Ala. 7:10-cv-2067)

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PDF icon Case Study 2 pages
September 29, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Padilla v. Lever (Alicemarie H. Stotler, 8:02-cv-1145), Imperial v. Castruita (R. Gary Klausner, 2:05-cv- 8940), and Chinchay v. Verjil (Audrey B. Collins, 2:06-cv-1637) (C.D. Cal.) and Madrigal v. County of Monterey (5:06-cv-1407), Melendez v. Board of Supervisors (5:06-cv-1730), Rangel v. County of Monterey (6:06-cv-2202), and Rancho San Juan Opposition Coalition v. Board of Supervisors (6:06-cv- 2369) (James Ware) and Heredia v. Santa Clara County (Ronald M. Whyte, 6:06-cv-4718) (N.D. Cal.)

Downloadable file:
PDF icon Case Study 6 pages
September 25, 2018
Robert Timothy Reagan

Missourians for Fiscal Accountability v. Klahr (Ortrie D. Smith, W.D. Mo. 2:14-cv-4287)

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PDF icon Case Study 2 pages
July 31, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Martinez v. Monterey County (Jeremy Fogel, N.D. Cal. 5:05-cv-2950)

Downloadable file:
PDF icon Case Study 3 pages
July 31, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

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.)

Downloadable file:
PDF icon Case Study 4 pages
July 23, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

National Organization for Marriage v. McKee (D. Brock Hornby and John H. Rich III, D. Me. 1:09-cv-538)
Advocacy organizations filed a federal challenge to campaign finance reporting regulations two weeks before an election including a ballot initiative. Able to rule before the election, the court denied the plaintiffs injunctive relief. After the election, the court of appeals affirmed the legal holding.
Subject Campaign activities. Topics: Campaign finance; ballot measure.

Downloadable file:
PDF icon Case Study 2 pages
July 11, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Oregonians for Accountability v. Bradbury (Garr M. King, D. Or. 3:04-cv-1170)
The district judge dismissed a complaint alleging that a financial impact estimate accompanying a ballot initiative was misleading, because the measure text, summary, and explanatory text would make clear to the voters what the measure would do.
Topics: Ballot language; ballot measure; laches.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 1 page
July 11, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Horton v. Multnomah County (Ancer L. Haggerty, D. Or. 3:03-cv-1257)
The district judge enjoined application of a statute requiring a possibly misleading notice on ballot initiatives for new levies stating that property taxes could increase by more than three percent if the initiative passed, leaving unstated that an increase that high would only arise from the maximum increase in assessments permitted by law. The court of appeals vacated the injunction pending appeal and reversed the injunction two years later.

Downloadable file:
PDF icon Case Study 3 pages

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