You are here

Election Litigation

Displaying 11 - 20 of 420
Contains
Contains
Format: 2019
Greater than or equal to
Available Online Only

Jackson v. Madison County Board of Registrars (Madeline Hughes Haikala, N.D. Ala. 5:18-cv-1855)
Four voters sought an injunction requiring the counting of their provisional ballots, alleging that they registered to vote on time. On evidence that their voter registration applications were never received, the judge determined that they were not entitled to immediate injunctive relief.
Subject: Provisional ballots. Topics: Provisional ballots; registration procedures; student registration; case assignment.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Hill v. Williams (1:16-cv-2627) and Harlos v. Morrissey (1:16-cv-2649) (Christine M. Arguello, D. Colo.), Silberberg v. Board of Elections (P. Kevin Castel, S.D.N.Y. 1:16-cv-8336), and ACLU of Northern California v. Padilla (William Alsup, N.D. Cal. 3:16-cv-6287)
From eight to 15 days before the 2016 general election, federal actions in three states sought relief from proscriptions on “ballot selfies”—photographs of ballots taken by voters completing them. These actions and previous actions in three other states pitted freedom of expression against the secret ballot. Some district and circuit judges favored freedom of expression; others favored the secret ballot.
Subject: Polling place activities. Topics: Laches; case assignment.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Florida Democratic Party v. Scott (4:16-cv-626) and League of Women Voters of Florida v. Scott (4:16-cv-633) (Mark E. Walker, N.D. Fla.) and Georgia Coalition for the Peoples’ Agenda, Inc. v. Deal (4:16-cv-269) and Bethea v. Deal (2:16-cv-140) (William T. Moore, Jr., S.D. Ga.)
District judges in Florida and Georgia extended voter registration by one week in advance of the 2016 general election because of evacuations and government office closings resulting from Hurricane Matthew. In Florida, the judge extended the deadline statewide; in Georgia, the judge extended the deadline only for one county, because only offices in that county did not open again after the hurricane until after the original deadline.
Topics: Registration procedures; intervention; case assignment; recusal.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

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

Common Cause of Georgia v. Kemp (Amy Totenberg, 1:18-cv-5102) and Brown v. Kemp (William M. Ray II, 1:18-cv-5121) (N.D. Ga.)
Two federal lawsuits filed on the day before and the day of a general election challenged a secretary of state’s election oversight. The first case alleged susceptibility to tampering of voters’ records. The second case challenged the propriety of a secretary of state presiding over an election in which he is running for governor. A related case from the previous year challenged the security of touchscreen voting machines. A federal judge ordered the use of provisional ballots as an interim remedy for voter record discrepancies, pursuant to the Help America Vote Act. Apparently the winner of the gubernatorial election, the secretary notified the judge in the other case of his resignation as secretary of state.
Subject: Voting procedures. Topics: Voting technology; provisional ballots; case assignment; Help America Vote Act (HAVA); laches; removal; enjoining certification.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

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.

Available Online Only

Rivera Madera v. Detzner (Mark E. Walker, N.D. Fla. 1:18-cv-152)
A federal district judge ordered counties in Florida with English-only ballots and a substantial population of voters from Puerto Rico to prepare Spanish-language sample ballots to bring the counties in compliance with section 4(e) of the Voting Rights Act.
Subject: Voting procedures. Topic: Ballot language.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Democratic Executive Committee of Florida v. Detzner (4:18-cv-520), VoteVets Action Fund v. Detzner (4:18-cv-524), DSCC v. Detzner (4:18-cv-526), and Democratic Senatorial Campaign Committee v. Detzner (4:18-cv-528) (Mark E. Walker and Robert L. Hinkle, N.D. Fla.)
The campaign for the ultimately unsuccessful reelection of a U.S. senator filed four federal complaints during the week following a general election. Each complaint raised a different issue: signature matching on mail and provisional ballots, mail ballot deadlines, manual recount rules, and recount deadlines. The judge enjoined disqualification of votes for mismatched signatures without an opportunity to resolve the mismatch. The judge denied relief in the other cases.
Subject: Absentee and early voting. Topics: Signature matching; absentee ballots; provisional ballots; recounts; recusal; case assignment; intervention.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Davis v. Perry (Orlando L. Garcia, W.D. Tex. 5:11-cv-788)
On September 22, 2011, six days after a three-judge redistricting bench trial on legislative and congressional districts in Texas, voters filed a federal complaint alleging dilution of minority voting strength in their districts. The court ordered the defendants to respond by October 3, and the case was consolidated with a collection of cases already underway. Seven years after the litigation began, the Supreme Court approved districting plans that reflected the political judgments of the state legislature as much as possible, modified by the district court only as necessary to cure legal defects.
Subject: District lines. Topics: Malapportionment; three-judge court; case assignment; section 2 discrimination; section 5 preclearance; intervention; attorney fees; removal; pro se party.

One of many Case Studies in Emergency Election Litigation.

Pages

Subscribe to Election Litigation