You are here

Laches

Displaying 41 - 50 of 57
Contains
Contains
Format: 2019
Greater than or equal to
Available Online Only

Barr v. Saddleback Valley Community Church (David O. Carter, C.D. Cal. 8:08-cv-927)
On a Friday afternoon, the Libertarian Party’s candidate for President filed a federal complaint challenging his exclusion from a candidate’s forum to be held on the next day. The district judge denied immediate relief, noting that laches is especially problematic in ex parte proceedings.
Topic: Laches.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Southwest Voter Registration Education Project v. Shelley (Stephen V. Wilson, C.D. Cal. 2:03-cv-5715)
Two months before a gubernatorial recall election, a federal complaint challenged the use in some jurisdictions of punch-card ballots. The district judge denied immediate relief because the election would be held before a previous consent decree’s decertification of punch-card ballots would go into effect. A three-judge panel of the court of appeals reversed the district court, but an 11-judge en banc panel subsequently affirmed the district court. The governor was recalled.
Topics: Voting technology; intervention; laches.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Germalic v. Bullock (Richard G. Andrews, D. Del. 1:12-cv-1347)
Approximately two weeks before the 2012 presidential election, a plaintiff filed a pro se federal complaint that the state’s requirements for being a presidential candidate were too onerous. Three days after the complaint was filed, the district court denied the plaintiff injunctive relief for failure show any effort to meet ballot qualifications and for seeking relief after the ballots had been printed.
Topics: Getting on the ballot; pro se party; laches.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Crim v. Tennessee Democratic Party (Kevin H. Sharp, M.D. Tenn. 3:12-cv-838)
A losing primary candidate filed a federal complaint alleging that the victor was improperly included on the ballot and improperly positioned on the ballot because his name was listed alphabetically first. On the next day, after a hearing, the district judge denied the plaintiff immediate relief, finding no wrongdoing and also observing that the plaintiff could have challenged the ballot before the election.
Topics: Enjoining certification; getting on the ballot; laches; equal protection; intervention.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Marascalco v. Grenada (Rhesa Barksdale, Neal B. Biggers, Jr., and Glen Davidson, N.D. Miss. 3:00-cv-61)
Ten days before a municipal election, residents of recently annexed territory filed a federal complaint seeking to halt the election in which they would not be able to vote because the Justice Department denied preclearance to the annexation. A three-judge district court heard the case six days later and denied immediate relief. The court doubted its jurisdiction over the matter and expressed concern about the filing of the complaint nearly two months after the denial of preclearance.
Subject: District lines. Topics: Enjoining elections; equal protection; three-judge court; section 5 preclearance; laches.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

United States v. City of Philadelphia (Petrese B. Tucker, E.D. Pa. 2:06-cv-4592)
Twenty-five days before the November 2006 general election, the Justice Department filed a civil complaint against Philadelphia for failure to provide Spanish-language election resources in violation of sections 203 and 208 of the Voting Rights Act. Twelve days later, the Justice Department moved for a temporary restraining order or a preliminary injunction enforcing the Voting Rights Act and appointing federal election observers. The court declined to order federal observers because of the government’s weak case dilatorily brought.
Topics: Ballot language; laches; three-judge court.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

National Coalition for Students with Disabilities Education and Legal Defense Fund v. Bush (Robert L. Hinkle, N.D. Fla. 4:00-cv-442)
A federal complaint alleged that Florida failed to provide voter registration services to disabled students, as required by the National Voter Registration Act, for the 2000 general election. The district judge concluded that “the time to seek any *registration+ redress affecting the 2000 election was prior to that election.” Respecting long-term relief, the case settled in May 2001. The judge later learned that a named plaintiff was also a named plaintiff in a similar action in another state; he awarded the plaintiffs zero attorney fees.
Topics: National Voter Registration Act; registration procedures; laches; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Phillips v. Galvin (Reginald C. Lindsay, D. Mass. 1:00-cv-12067)
A minor party’s presidential campaign filed a federal complaint seeking an injunction placing the party’s candidates on the November ballot despite a finding that some of its proposed presidential electors were not qualified. The court ruled against the party, in part because of laches.
Topics: Getting on the ballot; laches; interlocutory appeal.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Lucas County Democratic Party v. Blackwell (James G. Carr, N.D. Ohio 3:04-cv-7646)
Eighteen days before a general election, a suit alleged that a directive by Ohio’s secretary of state not to process voter registration forms that left blank the box for a driver’s license or Social Security number violated the Help America Vote Act and the National Voter Registration Act. The court denied immediate relief, because there was not enough time to develop an evidentiary record.
Topics: Registration procedures; Help America Vote Act (HAVA); National Voter Registration Act; laches.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

LULAC of Texas v. Texas (Fred Biery, W.D. Tex. 5:08-cv-389)
Five days after the 2008 presidential primary elections in Texas, and at the beginning of further delegate selection through caucuses, Latino voters and organizations filed a federal complaint attacking how the Democratic Party picked delegates for national and local nominating conventions. The district court dismissed the action and determined that a claim that the nominating procedures had not received section 5 preclearance did not require resolution by a three-judge district court, but the court of appeals disagreed. In time, the case was mooted by the Justice Department’s granting of preclearance. The court of appeals vacated an award of attorney fees.
Subject: Voting procedures. Topics: Section 5 preclearance; three-judge court; laches; party procedures; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Pages

Subscribe to Laches