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 ...Read More »
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 ...
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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 ...
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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 ...Read More »
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.Read More »
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 courtRead More »
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 electronically.Read More »