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Jul 6, 2016

Elections — Court Overturns Local Redistricting Plans

Raleigh Wake Citizens Ass’n v. Wake County Board of Elections (Lawyers Weekly No. 001-119-16, 59 pp.) (Wynn, J.) No. 16-1270, July 1, 2016; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: In two consolidated cases, the 4th Circuit reverses a district court’s rejection of plaintiff voters’ claims that some Wake County, North Carolina, school […]

Jun 22, 2016

Elections – Virginia’s Three-Tier Ballot Order Upheld

Libertarian Party of Virginia v. Alcorn (Lawyers Weekly No. 001-109-16, 27 pp.) (Wilkinson, J.) No. 15-1162, June 20, 2016; USDC at Richmond, Va. (Payne, S.J.) 4th Cir. Holding: The 4th Circuit affirms dismissal of Libertarian political candidate Robert Sarvis’ constitutional challenge to Virginia’s three-tiered ballot ordering law; the three-tiered ballot ordering law imposes little burden [&[...]

Apr 20, 2016

Elections – ‘Virginia Law’ Supports Incumbent Choice

24th Senatorial District Republican Committee v. Alcorn (Lawyers Weekly No. 001-068-16, 37 pp.) (Gregory, J.) No. 15-1478, April 19, 2016; USDC at Harrisonburg, Va. (Dillon, J.) 4th Cir. Holding: The 4th Circuit affirms a district court’s decision that it had no subject matter jurisdiction over a lawsuit filed by the 24th Senatorial District Republican Committee […]

Mar 8, 2016

Elections – Democratic Primary – Little-Known Candidate – Civil Practice – Preliminary Injunction – Laches

De La Fuente v. South Carolina Democratic Party (Lawyers Weekly No. 002-047-16, 19 pp.) (Cameron McGowan Currie, S.J.) 3:16-cv-00322; D.S.C. Holding: Despite receiving timely notice that his name would not appear on the ballot for the South Carolina Democratic presidential primary, plaintiff waited to file his complaint until after military and overseas ballots had already […]

Jun 3, 2015

Elections — Court Revives School Board Election Challenge

Wright v. State of North Carolina (Lawyers Weekly No. 001-094-15, 41 pp.) (Wynn, J.) No. 14-1329, May 27, 2015; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: In this lawsuit challenging a state law redrawing electoral districts of the Wake County, N.C., Board of Education, the district court erred in dismissing the suit for […]

Apr 25, 2014

Elections – Equal Access to the Ballot Act – Effective Date – Libertarian Party – Convention Method

South Carolina Libertarian Party v. South Carolina State Election Commission (Lawyers Weekly No. 010-044-14, 4 pp.) (Per Curiam) S.C. S. Ct. Holding: Since the General Assembly delayed the effective date of the Equal Access to the Ballot Act in order to comply with provisions of the Voting Rights Act, and since such compliance was made […]

Mar 7, 2014

Elections – NC New Party Ballot Deadline Upheld

Pisano v. Strach (Lawyers Weekly No. 14-01-0206, 25 pp.) (Diaz, J.) No. 13-1368, Feb. 27, 2014; USDC at Charlotte, N.C. (Mullen, J.) 4th Cir. Holding: The 4th Circuit upholds a North Carolina statute that says a political group that wishes to qualify as a new party putting forth a candidate on a general election ballot […]

Jun 7, 2013

Elections – Witness Residence Requirement for Petition is Struck

Libertarian Party of Virginia v. Judd In this suit by the Libertarian Party of Virginia, the 4th Circuit says a Virginia statute that requires signatures on nominating petitions for the party’s presidential candidate to be witnessed by a Virginia resident, is unconstitutional.

Apr 4, 2013

Criminal Practice – Guilty Plea Vacated for Officer’s Lies

U.S. v. Fisher : A defendant’s guilty plea to drug charges was not voluntary when it was based on a police officer’s lies in an affidavit for a warrant to search defendant’s home and vehicle; the 4th Circuit says defendant’s due process rights were violated and reverses the district court

Oct 15, 2012

Elections – Civil Practice – Preliminary Injunction – SEI Filings – Voting Rights Act – Preclearance — Constitutional

Smith v. South Carolina State Election CommissionBefore the S.C. Supreme Court issued recent decisions that require candidates to file paper statements of economic interest (SEIs) at the same time that they file their statements of intention of candidacy, candidates had been following the advice of the S.C. Election Commission and the S.C. Ethics Commission and filing their SEIs only elec[...]

Oct 10, 2012

Elections – Voter ID Law – Voting Rights Act – Preclearance – 2013 Elections

South Carolina v. United States As authoritatively interpreted by S.C. officials – allowing voters without a photo ID to vote if they sign an affidavit giving any true explanation of what stopped them from obtaining a photo ID -- Act R54 is precleared under Section 5 of the Voting Rights Act for elections beginning in 2013.

Sep 21, 2012

Elections – Statement of Economic Interest – Failure to File – Primary Winner – Special Election

Tempel v. South Carolina State Election Commission Where the Republican Party left candidate Paul Thurmond on the primary ballot because they mistakenly believed he had fulfilled the applicable filing requirements, candidate Thurmond has been disqualified as the Republican nominee, and the Republican Party must conduct a special primary election pursuant to S.C. Code Ann. § 7-11-55.

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