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Elections – Fundraising – Corporate Contributions – Donor Recruitment – Reimbursement
U.S. v. Danielczyk In this prosecution of two corporate executives for an alleged scheme of recruiting donors and reimbursing their contributions to Hillary Clinton’s 2006 and 2008 Senate and Presidential Campaigns, the 4th U.S. Circuit Court of Appeals reverses dismissal of a charge of corporation contributions in violation of 2 U.S.C. § 441b(a).
Elections – Voting Rights Act – Constitutional – Due Process & Equal Protection – Primary Ballots – Disqualification – Civil Practice – Temporary Restraining Order Motion
Smith v. South Carolina Election Commission The plaintiff-candidates allege that Anderson v. South Carolina Election Commission, 725 S.E.2d 704 (S.C. May 2, 2012) (“Anderson I”), rehearing denied Order No. 2012-05-03-05 (S.C. May 3, 2012) (“Anderson Order”), and Florence County Democratic Party v. Florence County Republican Party, Slip Op. No. 27128 (S.C. June 5, 2012), have been [...]
Elections – Civil Rights – National Voter Registration Act – Application Disclosure
Project Vote/Voting for America Inc. v. Long Virginia election officials violated the National Voter Registration Act by refusing to disclose completed voter registration applications with voters’ Social Security numbers redacted; the 4th Circuit affirms a district court decision that Section 8(i)(L) of the NVRA does apply to such applications and defendants violated the NVRA.
Elections – Advocacy Group – FEC Regulation – Constitutional – Vagueness Challenge — PAC Disclosures – ‘Major Purpose’ Test
The Real Truth About Abortion Inc. v. FEC Appellant, a Virginia nonprofit group called “The Real Truth About Abortion Inc.,” loses its constitutional challenge to a regulation of the Federal Election Commission that appellant says is unconstitutionally vague with regard to whether “Real Truth” has to make disclosures as a “political action committee.”
Elections – Anderson – SEI Filing — ‘Public Official’ — ‘Candidate’
Florence County Democratic Party v. Florence County Republican Party Even though S.C. Code Ann. § 8-13-1300(4) defines “public official” to include a “candidate”, candidates with current statements of economic interests (SEIs) on file were not exempt from filing SEIs when they filed their statements of intention of candidacy (SICs).
Elections – Administrative – Statement of Economic Interest – Statement of Intention of Candidacy — Simultaneous Filing Requirement
Anderson v. South Carolina Election Commission Non-exempt individuals who are seeking nomination by political party primary to be a candidate for office must file a Statement of Economic Interest (SEI) at the same time and with the same official with whom the individuals file a Statement of Intention of Candidacy (SIC).
Elections – Civil Rights – Voting Rights Act – Schools & School Boards – At-Large Elections – Multiple Seats – Multiple Votes per Voter
Levy v. Lexington County In 1994, the General Assembly changed elections for the Board of Trustees for School District Three from an annual February vote to a biennial vote at the time of the general election in November (an at-large election in which voters may cast multiple votes to fill multiple seats on the board).
Elections – Civil Rights – Racial Gerrymandering Claim — Re-Districting – Constitutional – 14th & 15th Amendments — Voting Rights Act
Backus v. South Carolina Although – as they were required to do under the Voting Rights Act – defendants considered race when they drew new legislative districts, plaintiffs failed to show that defendants subordinated traditional race-neutral principals to race as the primary consideration for drawing district lines.
Elections – Civil Practice – Intervention of Right – Redistricting Plan Challenge
Backus v. State of South Carolina Senator Dick Elliott’s motion to intervene is granted because (1) his motion was timely filed; (2) he as asserting the same causes of action as the existing plaintiffs, his claims will also depend on whether race was intentionally used by defendants as the predominant factor in drawing districts to dilute minority voting strength, and the underlying fac[...]
Elections – Republican Primary – Presidential Preference – 2008 Statute – Budget Provisos
Beaufort County v. South Carolina State Election Commission Even though the body of S.C. Code Ann. § 17-11-20(B) only requires the State Election Commission to conduct the presidential preference primary in 2008, § 17-11-20(B) is codified as a permanent statute, the act’s title does not limit its effectiveness to 2008, and the General Assembly’s 2012 budget provisos make it clear th[...]
Elections – Civil Rights – Independent Candidate — Petition Signatures – Residency Requirement
Lux v. Judd A former independent candidate for Congress wins remand of his challenge to a Virginia statutory requirement that petition signatures in support of his candidacy be witnessed by a resident of the Congressional district; the 4th Circuit says the limited rationale underlying the case relied on by the lower court has been superseded by later Supreme Court cases.
Elections – Municipal – Election Protest – Delay – Incumbents in Office
Cole v. Atlantic Beach Election Commission Respondent’s delays in hearing an election protest, issuing its decision, and ordering a transcript of its hearings allowed incumbents to remain in office (for nearly two years now) after the appellant-challengers garnered more votes in the town council election. We reverse the circuit court’s order affirming respondent’s decision to de-[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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