if election law litigation has increased from the

Hasen

Beyond the Margin of Litigation

Appendix

March 29, 2005

1996

Valence v. Rosiere , 675 So. 2d 1138

Incumbent challenged results alleging forgery and voting by nonresidents

Janzen v. Stickell , 691 So. 2d 683

Voter was denied an opportunity to vote in an election decided by one vote because her precinct was changed, new election ordered.

Colvin v. Franklin Parish Sch. Bd ., 668 So. 2d 1310

Election results held to be valid although a large number of ineligible voters cast a ballot because of the eligible voters, the proposition passed by majority.

Burgess v. Easley Mun. Election Comm’n , 478 S.E.2d 680

Mayoral candidate challenged election based on insufficient ballot but failed to show evidence of how election would have been different.

Walker v. Rinicker , 681 So. 2d 1

Plaintiff alleged irregularities and fraud in an election, but failed to show that result would have been different.

Armond v. Fowler , 694 So. 2d 358

The party committee person filed an action contesting numerous state and local elections against various election officials, alleging irregularities and fraud. Relief was denied because of a lack of evidence, and Plaintiff was ordered to pay sanctions.

Brower v. Charles , 914 P.2d 1202

An elections manager had jurisdiction to call a special election upon a timely request by the city council, and such jurisdiction was not affected by the city clerk's alleged lack of authority in certifying the ordinance requesting the election.

State ex rel. Harbarger v. Cuyahoga County Bd. of Elections , 661 N.E.2d 699

County board of elections was prohibited from holding a protest hearing on the validity of declarations of candidacy because the written protest was not timely filed.

Paulding County Bd. of Mental Retardation & Developmental Disabilities v. Ohio

Ass'n of Pub. Sch. Emples., 676 N.E.2d 925

Where an employer objected to election results on the basis of tampering or the possibility of tampering, each possibility of tampering had to be assessed upon its own unique facts and circumstances.

Anderson v. Chicago Bd. of Election Comm'rs, 672 N.E.2d 1259

A petition for ward committeeman was challenged on the basis of whether a paralyzed voter properly executed nominating petition by nodding his head up and down indicating assent to his guardian's signature. The assent was valid and therefore there were enough signatures for him to be placed on ballot.

Lukes v. Board of Election Comm'rs, 672 N.E.2d 976

An election for vice chair was overturned because a number of write in votes were not allowed.

Daly v. Jayne, 649 N.Y.S.2d 254

A trial court correctly determined that three write-in ballots cast for a write-in candidate were valid, and thus the candidate was the winner of the election.

Stratton v. Priest, 932 S.W.2d 321

A special election was held to fill the office of Lieutenant Governor of Arkansas. The statute that allowed for the election was challenged and declared valid and does not conflict with the Arkansas Constitution.

Board of Comm'rs of the St. Bernard Parish Water & Sewer Comm'n v. St.

Bernard Parish Gov't, 682 So. 2d 811

The commission challenged an election in which the commission was abolished and the administration of the water and sewerage districts was transferred to the St. Bernard

Parish government. The court found that the election was valid and affirmed the decision.

Vasquez v. Smith, 637 N.Y.S.2d 806

Republican state committee was necessary party in the candidates' actions to validate their petitions for delegate positions because it would be affected by decision as to constitutionality of its rules on number of signatures required on petitions.

Orangeburg County Democratic Party v. South Carolina State Election Comm'n,

477 S.E.2d 707

A challenge to collection of filing fees for a local political party was not an unconstitutional taking because the party lacked a property interest in the filing fees.

In re Election of Member of Rock Hill Local Sch. Dist. Bd. of Educ., 669 N.E.2d

1116

Absentee voters were not obligated to personally mail his or her ballot and identification envelope to the board of elections in order to effectuate a valid vote because they had substantially complied with the absentee voting requirements.

Lee v. Tuttle, 1996 Tenn. App. LEXIS 169

Appellate court granted a recount in an election for sheriff and circuit court clerk. Tenn.

Code Ann. § 2-17-101 et seq. gave the losing candidates 10 days to contest the election without limitation on any specific ground of contest, and the losing candidates had timely filed their complaint.

State ex rel. Durkin v. Mahoning County Bd. of Elections, 115 Ohio App. 3d 180

After an incumbent withdrew from an election, a candidate was designated by the executive committee of a local political party. After a challenge, his name was allowed to remain on the ballot.

Bonnell v. Sabbagh, 670 N.E.2d 69

Alleged fraud and voter disenfranchisement had to amount to intentional and willful misconduct by election officials and was to be judged on a preponderance of the evidence standard.

Hawke v. Bd. of Registrars of Voters, 5 Mass. L. Rep. 45

Court granted a second recount to determine whether a write-in candidate won the election.

Stierle v. Lima Twp. Bd. & Arlene Bareis, 1996 Mich. App. LEXIS 666

The purpose of a petition was fraudulently concealed from a sufficient number of signers and without their signatures, the petition did not contain the requisite number of signatures to call for a referendum, and the election was null and void.

Ascher v. Kulongoski, 322 Ore. 540

The court modified a ballot initiative measure that was drafted by the state attorney general in manners requested by the electors.

Derus v. Higgins, 555 N.W.2d 515

Third-party violations of election laws cannot provide a basis for contesting an election .

Scott v. Priest, 326 Ark. 328

Challenge to the validity of a ballot title claiming it is too long, complex, and detailed to permit a voter to read and comprehend the proposed amendment and make an informed decision on the proposal.

Houle v. Begin, 682 A.2d 1384

The court affirmed an election board decision, finding that a candidate was not eligible because he had not been registered to vote in the town for at least 30 days prior to filing his declaration of candidacy.

Misso v. Oliver, 666 So. 2d 1366

Election commissioners did not have the authority to judge the legality or validly of the election returns and could reject contested votes that had previously been rejected by the election managers.

In re Nomination of Samms, 543 Pa. 681

Five signatures on a petition for nomination were challenged, rendering the petition invalid even though the challenger admitted to unofficial affiliation with the opposing party.

Cheevers v. Gates, 230 A.D.2d 948

Objectors were not allowed to file a challenge to the candidate's designating petition because the time limit to do so had run out.

Hirono v. Peabody, 81 Haw. 230

A candidate was disqualified for the office of governor because there was not a candidate of the same party for the office of lieutenant governor, and his name was excluded from the ballot.

O'Callaghan v. State, 920 P.2d 1387

After he won a major-party nomination, the third-party lieutenant governor candidate withdrew as the major party candidate and joined the ticket of the third-party candidate for governor. In spite of a challenge, an Alaska statute did not prevent the third-party candidate's name from appearing on the ballot.

State ex rel. Purdy v. Clermont County Bd. of Elections, 77 Ohio St. 3d 338

The county board of elections properly concluded that a person who sought party nomination at a primary election was prohibited from becoming a candidate at the following general election by nominating petition or write-in.

In re Contested Election on November 7, 76 Ohio St. 3d 234

Write-in candidates are permitted, and the filing of a nominating petition is not the exclusive method for the election of township trustees.

Williford v. Grady, 688 So. 2d 1072

Defendant was disqualified from being a candidate for the office of district attorney based on a finding that he had not resided in the judicial district for the two years preceding the election .

Geer v. Kadera, 173 Ill. 2d 398

The court dismissed appellee candidate's petition to contest appellant committeeman's election because he had failed to file a timely, pre-election objection to appellant's nomination papers.

Pelagatti v. Board of Supervisors of Elections, 343 Md. 425

A candidate appealed an election, but failed to show that the allegedly invalid absentee ballots would have changed the outcome.

McSweeney v. City of Cambridge, 422 Mass. 648

The city had a preferential voting method for electing city council members, which prescribed that a vacancy must be filled for the remainder of the unexpired term by a public recount of the ballots credited at the end of the original count to the candidate elected thereby whose place had become vacant.

Asberry v. Garrett, 1996 Tenn. App. LEXIS 372

The court affirmed the ruling of the chancery court that declared an election void and

vacated the office of mayor because the mayor’s actual residence was found to be outside the town limits.

Walker v. Higgins, 277 Mont. 443

A voter alleged that five of the people who voted for mayor were illegally registered because they were not residents of the City at the time of the election .

The court found that the voter failed to raise a genuine issue of material fact regarding the residency of the people.

Broux v. Board of Canvassers for Appleton, 206 Wis. 2d 321

During a recount, the court concluded that there was substantial evidence to support the board's decision to recount only those ballots that had not been improperly preserved and cut in half.

In re General Election for Dist. Justice, 543 Pa. 216

Invalidation of an election was inappropriate because the court found that there was substantial evidence to support a finding that ballot tampering had occurred and the outcome reversed based on the first machine count and write-in-votes. Additionally, the court held that because write-in voters could identify their ballots, they were properly allowed to testify regarding how they originally voted.

Bastone v. Cocco, 230 A.D.2d 950

A candidate was ruled to have legitimate, significant and continuing attachment to the address listed as her residence on the designating petition.

Green v. Mahr, 231 A.D.2d 480

The court dismissed a proceeding to validate a candidate's petition because it was not sufficiently particularized to give the court and the parties notice of which of the election board's determinations the candidate claimed to be erroneous or which signatures were improperly invalidated.

State Admin. Bd. of Election Laws v. Board of Supervisors of Election of Baltimore

City, 342 Md. 586

A state election board was not entitled to declaratory relief against a city board that had failed to conduct a voter purge because the statute under which the purge was requested had been repealed at the time of state board's request.

Nevada Judges Ass'n v. Lau, 112 Nev. 51

A portion of a ballot initiative to limit the number of terms state judges could serve through an amendment to the state constitution was constitutional where it may have hindered election choices but did not hinder citizens' rights to vote.

Pacuilla v. Cochise County Bd. of Supervisors, 186 Ariz. 367

Voters who relocated within the same county but did not re-register to vote remained qualified voters. Thus, their signatures on a candidate's petition to be placed on a ballot were valid.

In re Nomination of Silcox, 543 Pa. 647

A political candidate was properly removed from a ballot due to deficient signatures on her ballot petition because the failure of certain signatories to list their residential addresses and occupations invalidated their signatures.

O'Connor v. Cook County Officers Electoral Bd., 281 Ill. App. 3d 1108

A candidate's nominating petitions complied with the Election Code requiring the circulators to verify that they were registered voters because plain language indicated that statutory form of circulator's oath was directory only, and not mandatory.

State ex rel. Ohio Roundtable v. Taft, 76 Ohio St. 3d 643

A coalition challenged ballot language of a proposed constitutional amendment by filing an action for a writ of mandamus to compel the secretary of state and ballot board to add additional language. The action was dismissed as untimely.

Orr v. Edgar, 283 Ill. App. 3d 1088

The appeals court affirmed a judgment in favor of the citizens because the two-tier system of voter registration violated the voter-registration notice provisions contained in the Illinois Vehicle Code. The court ruled that the statute required that notice be given to each applicant of their right to vote in state and local elections .

Cocco v. Moreira-Brown, 230 A.D.2d 952

The court dismissed a claim that a petition naming a candidate in a primary election was invalid.

Crochet v. Priest, 326 Ark. 338

The use certain terms on a ballot made it misleading and rendered the ballot title insufficient. The court enjoined the secretary from placing the proposed amendment on the ballot of a general election and alternatively, enjoined the secretary from canvassing and declaring the results of the election .

Duggan v. Beermann, 249 Neb. 411

Voters sought a declaration that a term limits initiative petition was fatally invalid and defective and sought to enjoin the secretary from placing the measure on the official ballot in the general election .

The court held that the district court erred when it failed to grant declaratory relief in favor of the voters.

Escobar v. Sutherland, 917 S.W.2d 399

A candidate who had improperly signed and filed an application for a place on a ballot was allowed to remain on the ballot after being removed.

State ex rel. Sowards v. County Comm'n, 196 W. Va. 739

Petitioners sought to disqualify two candidates who allegedly were public servants during the elections .

Judicial removal of candidates from ballots was not appropriate when a less constitutionally-intrusive remedy was available.

Ruppert v. Inhabitants of York 1996 Me. Super. LEXIS 247

The court granted a motion for summary judgment rejecting a challenge to the procedure by which a Town Charter was modified.

Donovan v. Priest, 326 Ark. 353

The court granted a taxpayer's petition to enjoin the secretary of state from placing a proposed amendment to the Arkansas Constitution on the ballot for the general election because it violated the U.S. Constitution.

Parker v. Priest, 326 Ark. 123

A taxpayer failed to make a specific allegation of insufficiency of a ballot title and the proposed amendment was allowed on the ballot.

King v. Davis, 324 Ark. 253

A judge declared the election involving justice of the peace candidates void, and ordered the election commission to hold a new election , however there was no statutory authority for the trial court to direct the election commission to call a new election .

Streeter v. Paschal, 267 Ga. 207

Appellant failed to prove there were any irregularities in the holding of the election or in the counting of the votes sufficient to change the result of the election or to call the result into doubt.

1997

McDowell Mt. Ranch Land Coalition v. Vizcaino, 190 Ariz. 1

The court denied a referendum petition of the committee onto an upcoming ballot; several of the circulators who had obtained the necessary signatures for the petition were not properly residents of Arizona when they registered to vote.

McComb v. Superior Court, 189 Ariz. 518

An election was invalid because a ward voting system statute was unconstitutional in its entirety.

Doty v. Bettis, 329 Ark. 120

Once votes in an election had been cast, the court would not set aside the election because the procedural errors did not render the result doubtful or prevent the electorate from casting free and intelligent votes.

Pala Band of Mission Indians v. Board of Supervisors, 54 Cal. App. 4th 565

The court refused to invalidate a voter initiative that designated land adjacent appellant property owner's for a solid waste facility.

Kalako v. O'Toole, 1997 Conn. Super. LEXIS 2062

The court declared that a newly elected member of a finance board would have to be reelected after four years instead of the six-year term she was elected to.

Ferro v. Sinisi, 1997 Conn. Super. LEXIS 1522

Informal conversations by a town official were not sufficient to be considered official rulings, and the court could not find that the election results would have been any different if the statements of the town clerk had not been made.

Scolaro v. District of Columbia Bd. of Elections & Ethics, 691 A.2d 77

In a dispute over whether students were considered residents and allowed to vote, the court held that there can be evidentiary hearings on challenges to voters.

City of Arcade v. Emmons, 268 Ga. 230

A challenge to an election on the basis of a city’s failure to annex voter’s property, making their votes illegal, failed because the challenge did not involve serious voting violations.

Payne v. Chatman, 267 Ga. 873

The loser of a primary election challenged the results, but the court dismissed holding that the primary election contest was moot because it was not fully determined prior to the general election taking place.

Akaka v. Yoshina, 84 Haw. 383

The results of an election were challenged on the basis that ballots were not properly handled and could not be properly counted. Petitioners failed to show that mistakes could have caused a difference in the outcome or could have precluded the correct result from being ascertained.

Thomas v. Powell, 289 Ill. App. 3d 143

An objector to the nomination of a candidate has only five days from the date that the nomination papers were filed to initiate a challenge, otherwise the objection is waived.

Pappas v. Calumet City Mun. Officers' Electoral Bd., 288 Ill. App. 3d 787

A citizen was not eligible to run for the office of mayor because a statute barred convicted felons from eligibility for an elective municipal office.

Krauss v. Board of Election Comm'rs, 287 Ill. App. 3d 981

Voters had no duty to inspect a ballot before an election and contest an election on the ground that the Spanish translations were insufficient.

Ellis v. Meeks, 957 S.W.2d 213

A candidate’s nomination was vacated after she willfully disregarded statutes prohibiting her from visiting precincts during the election to provide food for election workers and voters.

Commonwealth v. Kash, 967 S.W.2d 37

Defendants were ineligible to vote because he was a convicted felon.

Fredette v. Secretary of State, 1997 ME 105

A $1,000 deposit by a candidate for a recount was not unconstitutional.

Gisriel v. Ocean City Bd. of Election, 345 Md. 477

The elections board properly determined that a citizen had not obtained a sufficient number of signatures to place an ordinance at issue before the electorate.

League of Women Voters v. Secretary of the Commonwealth, 425 Mass. 424

A proposed law was unconstitutional insofar as it sought to limit access to primary and general election ballots to certain state officers and sought to eliminate the payment of compensation and benefits to certain of those state officers if they were reelected in an election in which their names were not printed on the official ballot.

Bullock v. Mississippi Empl. Sec. Comm'n, 697 So. 2d 1147

A candidate’s previous employment with the city properly terminated when he qualified as a candidate for mayor.

Watts v. Flenoy, 938 S.W.2d 311

The loser of an election challenged the legitimacy of the winner, but the applicable statute only applied to disqualification of a candidate before an election was held and the results certified.

Markwardt v. New Beginnings, 304 N.J. Super. 522

A court ruled that contributions an opponent received in a primary and transferred for use in the general election violated New Jersey statutes.

Borough of N. Haledon v. Board of Educ., 305 N.J. Super. 19

A statute was interpreted to require approval by a majority vote of those voting in each constituent municipality rather than a majority vote of the entire district.

Committee to Recall Casagrande v. Casagrande, 304 N.J. Super. 421

The court denied a request to hold a recall election because the statute made clear that the electorate could wait six months to vote him out of office.

Jackson v. First Dist. Dental Soc'y, 240 A.D.2d 265

In an election where the number of misplaced ballots would affect the result, the court ordered a new election to be held.

Farrell v. Sunderland, 173 Misc. 2d 787

The board of elections refused to place the names of candidates on the ballot because they had failed to properly number the pages of the petition. The court ordered a threeday period to correct.

City of Englewood v. Village of Clayton, 1997 Ohio App. LEXIS 578

The court held that where a merger between cities was on the ballot, voting was limited to residents of the areas that were merging.

Hamilton v. Myers, 326 Ore. 44

The court certified a ballot title and held that it was not legally deficient because it substantially complied with the requirements of law.

Stuski v. Lauer, 548 Pa. 338

The court denied set aside a nomination to appear on the primary ballot as a democratic candidate for Justice of the Supreme Court of Pennsylvania because appellant failed to obtain 100 signatures from Monroe County, as was statutorily required.

Kaolin Mushroom Farms v. Pennsylvania Labor Rels. Bd., 702 A.2d 1110

The court held that there was not sufficient evidence of disenfranchisement to overcome the presumption of validity of the election results.

BALMER v. PIPPY, 702 A.2d 587

In a challenge of the election of a state representative, the case was dismissed due to lack of subject matter jurisdiction.

In re Referendum Petition to Amend the Pittsburgh Home Rule Charter, 694 A.2d

1128

Even after additional signatures were stricken from a petition, the number of valid signatures still exceeded the required minimum, and the referendum question was placed on the ballot.

In re Nominating Petition of Olshefski, 692 A.2d 1168

Names were struck from the ballot because statements of financial interest were not filed properly.

In re Nomination Petition of Warren, 692 A.2d 1178

Appellants had standing to challenge nomination papers if they were registered in the same party.

Butler v. Town of Edgefield, 328 S.C. 238

In an election contest, an objection to the time the commission took to count the votes was a general allegation of fraud and was insufficient as grounds for a contest.

Burke v. Tennessee Walking Horse Breeders' & Exhibit..., 1997 Tenn. App. LEXIS

378

Counting ballots picked up at the post office after the official deadline date was approved by the board without formal written protest by any member and was therefore valid procedure.

Estrada v. Adame, 951 S.W.2d 165

The mayor was required to hold a run-off election for the city council seat between the first and second place finishers of the city council race, as nobody had obtained a plurality in the election.

De Alejandro v. Hunter, 951 S.W.2d 102

The mayor was removed from office in a recall election but was reelected in the next election to the unexpired term for mayor. The temporary mayor who held the office during the vacancy had not relinquished his seat as councilman.

Putter v. Montpelier Pub. Sch. Sys., 166 Vt. 463I

Invalidating an election is a drastic remedy that is not triggered by mere illegality in the election process, but rather requires factors such as a severe violation of rights, the probability that it actually affected the election result, the presence culpable intent, and harm to the organic processes of the election .

Burkhart v. Sine, 200 W. Va. 328

Due to redistricting, opponent was ineligible to serve as county commissioner because no two party candidates can serve from the same magisterial district.

1998

Harvey v. City of Oneonta, 715 So. 2d 779

The court did not have jurisdiction to issue an injunction against swearing in a candidate that was elected because the challenge must be based on an election contest statute which it was not.

Griggs v. Bennett, 710 So. 2d 411

A judge would be subject to election after he had been appointed to office and had served a full year term, not sooner.

Sonneman v. State, 969 P.2d 632

Challenge to a statute that required names on a ballot to be placed randomly did not impermissibly burden the right to vote, and it did not violate the "will of the people".

Harris v. Purcell, 193 Ariz. 409

A claim to prevent an initiative from being placed on the ballot was barred because plaintiff failed to exercise diligence in preparing and advancing his case.

Open Primary Elections Now v. Bayless, 193 Ariz. 43

Claims regarding certifications were barred because they were not filed within ten days.

Alliance Marana v. Groseclose, 1998 Ariz. App. LEXIS 45

A challenge to a referendum did not permit a state citizen who would not have been able to vote on or have been affected by any resulting election to interfere in local matters.

Roberts v. Priest, 334 Ark. 503

A proposed ballot measure lacked a sufficient number of signatures to satisfy constitutional requirement and could not be placed on the ballot.

Stirling v. Jones, 66 Cal. App. 4th 277

The title, "Chief Deputy Attorney-General" was allowed to be placed on the ballot for the

Attorney General election because "Attorney-General" constituted one word, and therefore substantially complied with the election code's time limit.

Hebard v. Bybee, 65 Cal. App. 4th 1331

A referendum petition was denied because it failed to include the complete title of the ordinance being challenged and frustrated the purpose of the statutory requirements for such petitions.

Mapstead v. Anchundo, 63 Cal. App. 4th 246

A petition contained insufficient signatures for placement on the ballot of an upcoming election.

Rice v. Brandon (In re Title, Ballot Title & Submission Clause), 961 P.2d 1092

A constitutional initiative did not violate the single-subject requirement of the Colo.

Const. and two statutory amendments were not unfair or misleading.

Aisenberg v. Campbell (In re Title, Ballot Title & Submission Cl..., 960 P.2d 1204

An initiative violated the singe subject rule by imposing new term of office restrictions and retention requirements on municipal court judges under the jurisdiction of home rule cities and towns, thus depriving the state of its home rule power over municipal court judges.

In re Title, Ballot Title & Submission Clause, & Summary for # 26..., 954 P.2d 586

A statute possessed jurisdiction to set the titles and summary for the initiative during the summer, and the court also held that the titles and summary fairly expressed, without prejudice, the intent and meaning of the initiative, but that the fiscal impact statement regarding the initiative was inadequate.

Bruce v. City of Colorado Springs, 971 P.2d 679

Elections under the mail ballot election act were constitutional where a compelling state interest existed in encouraging increased voter participation and mail ballot elections served to meet this interest.

Board of Educ. v. State Elections Enforcement Comm'n, 1998 Conn. Super. LEXIS

287

Expending municipal funds to influence a vote on a referendum required reimbursement to the board.

Scolaro v. District of Columbia Bd. of Elections & Ethics, 717 A.2d 891

The court refused to set aside an election because none of the evidence provided overcame a presumptive eligibility allowing students to vote.

Maxwell v. Lee County, 714 So. 2d 1043

The wording changes used in a special election did not alter the meaning of the ballot title and were clarifying rather than misleading.

Head v. Williams, 269 Ga. 894

In a contest to election results, challenger was not given a continuance because there was a date within which the hearing was to be held.

Orr v. Edgar, 298 Ill. App. 3d 432

Challenged legislation that abolished "one-punch" straight-party voting did not infringe upon the right to vote but only affected the manner in which citizens exercised their right to vote.

Requena v. Cook County Officers Electoral Bd., 295 Ill. App. 3d 728

The court ordered a candidate's name to be placed on the Democratic primary ballot because removal of candidate’s name for failing to state the office sought was not an appropriate remedy.

North v. Hinkle, 295 Ill. App. 3d 84

The county clerk properly excluded petitioners because their nominating papers were facially deficient, neglecting to file statements of candidacy.

Cure v. Board of County Comm'rs, 263 Kan. 779

The court refused to overturn an election and held that assisting a voter to apply for an advance ballot and casting advance votes was not fraud or conduct declared illegal by the legislature.

Chandler v. City of Winchester, 973 S.W.2d 78

Opposition to a state constitutional amendment was time barred.

Savage v. Edwards, 722 So. 2d 1004

The numbers of votes in an election for mayor proven to have been cast illegally or fraudulently were not sufficient to change the result of the election, so no new election would be held.

Arvie v. Skinner, 722 So. 2d 90

The court held that plaintiff failed to carry the burden of showing that, but for the irregularities in a run off election, the outcome of the election would have been different.

Savage v. Edwards, 728 So. 2d 428

The loser in a mayoral election did not meet his burden of proving that but for the irregularities or fraud, the election result would have been different.

Wright v. Williams, 720 So. 2d 763

An error in the districting process was a procedural error that warranted the nullification of election results.

Myers v. McKeithen, 753 So. 2d 252

The laws governing the conduct of elections were to be liberally construed to promote, rather than defeat, candidacy.

STEPHANIE HART & MAINERS v. GWADOSKY, 1998 Me. Super. LEXIS 130

A ballot initiative was not allowed on the ballot after the secretary of state invalidated a number of signatures. The court held that the signatures by unregistered voters were invalid.

Stevenson v. Steele, 352 Md. 60

After being challenged, the court found that a candidate met the domicile requirements and was eligible to serve as candidate.

Massey v. Secretary of State, 457 Mich. 410

The court affirmed a judgment that granted the Secretary summary disposition on the voter's action that alleged the submission to the electors of a proposed constitutional amendment, which imposed term limitations, was constitutionally defective.

Gallagher v. Keefe, 232 Mich. App. 363

Because the candidate did not meet the requirements at the time she filed the affidavit and paid the fee, she was ineligible to run for office. Therefore, her subsequent nomination and election were void.

Vorva v. Plymouth-Canton Community Sch. Dist., 230 Mich. App. 651

The board of canvassers found that the electronic voting system used in an election was not defective, and the court held that voters had failed to show that the results would have been different, so the election results were upheld.

McFarland v. State, 707 So. 2d 166

An incumbent candidate was convicted of voter fraud.

Dally v. Butler, 972 S.W.2d 603

A claim challenging a nomination for candidacy was rejected for lack of subject matter jurisdiction.

State ex rel. Bellino v. Moore, 254 Neb. 385

The Secretary wrongfully decided the number of signatures required and the measure was to be placed on the ballot at the next general election .

Kirk v. French, 324 N.J. Super. 548

The court ordered a new election because it was shown that there were legal votes rejected at the polls sufficient to change the result, and the statutory remedy was for the election to be set aside.

Wilson v. Denver, 125 N.M. 308

The parties disputed the manner in which the ditch association had chosen historically to conduct elections. In view of this genuine issue of fact, the court reversed the grant of summary judgment of the 1995 election and remanded the matter.

Darr v. Village of Tularosa, 125 N.M. 394

In order for an election to be overturned, the losing candidate had to prove that the election was affected by the election's irregularities, which he failed to do.

Breitenstein v. Turco, 254 A.D.2d 566

The court reversed an order dismissing a candidate's action to validate his nominating petition.

Zobel v. New York State Bd. of Elections, 254 A.D.2d 520

A statute requiring 15,000 signatures was not unconstitutional.

Di Stefano v. Kiggins, 254 A.D.2d 688

A nonparty member such as petitioner who challenges a certificate of authorization and asserts that he was entitled to the authorization thereunder is an aggrieved candidate.

Thus, petitioner has standing to challenge the validity of the certificate of authorization.

Magee v. Camp, 253 A.D.2d 573

A nomination petition was invalid because it contained an uninitiated and unexplained alteration to the subscribing witness statement to ten of the signatures on one sheet of the petition.

Collins v. Kelly, 253 A.D.2d 571

The court declared valid an application in which a candidate neglected to paginate but submitted properly paginated copies the next day.

Vacco v. Spitzer, 179 Misc. 2d 584

In a disputed election, petitioner failed to make a sufficient showing of irregularity in the conduct of an election.

Zobel v. New York State Bd. of Elections, 178 Misc. 2d 439

The court invalidated election petitions, holding that the requirement of listing the town or city served the purpose of allowing rapid checks of the petition signatures to occur within the narrow time frames imposed by the Election Law.

Korniczky v. Sunderland, 175 Misc. 2d 912

The court nullified the proposed candidate's nomination for village trustee alleging that the caucus failed to post and file the requisite notice of caucus in the offices of the county clerk and county board of elections .

State ex rel. Ascani v. Stark County Bd. of Elections, 83 Ohio St. 3d 490

The court found that relators, elector and city, had constructive knowledge of a petition to be placed on the ballot and could have discerned objections before or at the time the petition was filed with respondent election board, therefor the claims were barred.

Buckeye Community Hope Found. v. City of Cuyahoga Falls, 81 Ohio St. 3d 559

A challenged referendum was permissible because the city charter reserved to the residents the authority to approve or reject the actions of the city council and it drew no distinctions between administrative and legislative acts.

State ex rel. Taft v. Franklin County Court of Common Pleas, 81 Ohio St. 3d 1244

Challenge to a vote regarding legislation that enacts taxes "subject to the approval of the people of the State of Ohio" was allowed to be heard.

In re Issue 27 Election, 89 Ohio Misc. 2d 22

A request for a second recount was granted. The court found by clear and convincing evidence that it was appropriate because the automatic recount was conducted with irregularities which affected enough votes to make uncertain or change the results of the election .

Gray v. State ex rel. State Election Bd., 1998 OK 85

The candidate was qualified to hold the office of district judge, and the court ordered the state election board to place her name on the ballot.

Macy v. Oklahoma City Sch. Dist. No. 89, 1998 OK 58

When an annexation election was held, the residents did not bring a statutory appeal challenging the election, but did so thirty years later . The court granted summary judgment in favor of the school district.

Clapsaddle v. Blevins, 1998 OK 5

The court validated recall petitions that had been challenged.

Leo v. Keisling, 327 Ore. 556

The statute that allowed the secretary to qualify an initiative petition for the ballot even though the secretary was up to 80 percent certain that the petition did not contain the required number of signatures was invalid.

Carlson v. Myers, 327 Ore. 213

Elector submitted challenges to the caption, result statements, and summary of the attorney general's certified ballot titles for five proposed initiatives. They were certified despite the challenge.

Carson v. Myers, 326 Ore. 248

A caption to a ballot tile was inadequate and had to be modified.

Nelson v. Keisling, 155 Ore. App. 388

A voter challenged petition signatures for a tax initiative on the ground that the signature gatherers were not registered voters. The collection of the signatures did not amount to fraud because voters neither relied on the collectors' status, nor were they damaged by the violation.

Linn-Benton-Lincoln Educ. Ass'n/OEA/NEA v. Linn-Benton-Linco..., 152 Ore. App.

439

The court denied the union's motion to dismiss the district's action to review the postelection certification order of the Employment Relations Board, which was determined to be a final order under the Oregon Act.

In re Berg, 552 Pa. 126

A candidate failed to get the required signatures and challenged a motion to set aside his petition. The court held that the election code was constitutional and the motion was granted.

In re Petition to Contest the Primary Election of May 19, 1998, 721 A.2d 1156

Election contests could only be brought regarding matters pertaining to the election process itself, such as the conduct of balloting, the tabulation of results, and the return of results.

In re Nomination Paper of Gaines, 720 A.2d 159

A candidate was not precluded from filing nomination papers for the state legislature based on the fact that she had previously filed nomination petitions for the primary election .

In re Nomination of Berg, 712 A.2d 340

The court set aside a nomination where a candidate admittedly failed to get the requisite number of signatures.

In re Nomination of Pippy, 711 A.2d 1048

An objectors' petition did not meet the burden of demonstrating that the challenged candidate did not meet the residency requirements of the state constitution.

In re Petrone, 713 A.2d 1175

Absent allegations of fraud, the notarization of another circulator's affidavit by a notary that also acted as a circulator for the same candidate, in and of itself, was not improper, the notaries had worked for the democratic party only, and notarization of a circulator's signature was proper even if it was a family member.

In re Opening of Ballot Boxes, 707 A.2d 643

The only way to challenge a final recount was to timely file an election contest, and he court held that the determination that appellant incumbent candidate, as the winner of the lot, was the successful candidate was binding.

Cullen v. Auclair, 714 A.2d 1187

In a dispute over insufficient notice, the court found that the complaint raised only parliamentary and procedural disputes and did not involve an integral part of the electoral process. The court thus concluded that there was no basis for judicial intervention.

Honts v. Shaw, 975 S.W.2d 816

In an election contest, the court held that, although technical violations of election law might have occurred, the violations were not serious enough to justify setting aside the election.

In re Jones, 978 S.W.2d 648

Because a question of fact existed as to whether a candidate satisfied all of the requirements before she could run for office, the court could not order mandamus relief.

Tiller v. Martinez, 974 S.W.2d 769

The court overturned an election because although the trial court abused its discretion in validating an insufficient number of ballots to overturn the election, appellant failed to show that other challenged ballots contained votes cast in his race.

In re Gibson, 960 S.W.2d 418

The court declared a candidate's application defective and removed his name from the ballot in a primary election because he had not strictly followed the law concerning his application to be a candidate for public office.

State ex rel. Quick-Ruben v. Verharen, 136 Wn.2d 888

The losing candidate argued the election winner was not a resident of the county as prescribed and therefore he had a greater interest in the position of superior court judge.

The court dismissed the action.

Charfauros v. Bd. of Elections, 1998 MP 16

The board of elections and its members violated petitioner’s constitutional voting rights when it challenged the right to vote.

1999

Eubanks v. Hale, 752 So. 2d 1113

An election was dismissed. On appeal, the judge ordered that the case be remanded to determine whether the parties were allowed to observe all of the examination proceedings.

McAdory v. Alabama Democratic Party, 729 So. 2d 310

The court dismissed appellant's election contest action. The court held that appellee did not abuse its discretion by excluding all evidence that was improperly obtained, and that appellant's ex parte examination of voter lists, absentee affidavits, and absentee ballots was improper.

Brooks v. Wright, 971 P.2d 1025

The court ordered that the wolf snare initiative be placed back on the general election ballot because the prohibition of wolf snare traps was an appropriate subject for a ballot initiative.

King v. Whitfield, 339 Ark. 176

A challenger failed to set out a prima facie case essential to state cause of action for election contest and failed to inform either the opposing party or trial court as to the specific facts creating a cause of action and vesting jurisdiction in the trial court.

Doty v. Payne, 337 Ark. 326

The court dismissed a complaint challenging a wet-dry election because appellants failed to furnish the court with the results of the wet-dry election and failed to demonstrate how the election would have been different absent the alleged procedural irregularities.

Senate of the State of Cal. v. Jones, 21 Cal. 4th 1142

The court ordered that the Secretary of State stop taking any steps to place the proposition on the election ballot or to include the measure in the ballot pamphlet because the initiative measure violated the single-subject rule.

Hammond v. Agran, 76 Cal. App. 4th 1181

The court stated that the legislature envisioned that a candidate's ideas and views (as distinct from attacks on opponents) could fairly constitute "qualifications" within the meaning of the statute

Friends of Sierra Madre v. City of Sierra Madre, 76 Cal. App. 4th 1061

The court ordered that an election be invalidated based on operation of the California

Environmental Quality Act.

San Francisco Forty-Niners v. Nishioka, 75 Cal. App. 4th 637

An initiative petition contained undisputed, objective untruths calculated to mislead and misinform reasonable voter and was unlawful under state law.

Bortner v. Town of Woodbridge, 250 Conn. 241

The court held that the trial court abused its discretion in refusing to open the evidence to consider the election records of a disputed voting machine, and the record did not support the conclusion that a new election was warranted.

Sweetman v. State Elections Enforcement Comm'n, 249 Conn. 296

The board of education and superintendent used public funds to print and distribute a pamphlet advocating an affirmative vote on an upcoming referendum on a budget the board had proposed. This violated a Conn. statute and did not demonstrate a good faith effort to comply with § 9-369b.

City of Miami v. Miami Ass'n of Firefighters, Local 587, 744 So. 2d 555

The court reversed a decision that enjoined a City of Miami election , the purpose of which was to put before the city's electorate a proposal to amend the city charter.

Nelson v. Big Lost River Irrigation Dist., 133 Idaho 139

The irrigation district held an election to elect directors, but a significant number of discrepancies in the votes were found. The court ordered a new election.

Idaho Watersheds Project v. State Bd. of Land Comm'Ns (in Re Veri..., 133 Idaho

55

The petition for a writ of prohibition was granted, for the house joint resolution was improperly submitted to the electorate in violation of the single subject rule of Idaho

Const. art. 20, § 2, where it presented essentially unrelated issues in a single resolution for voter consideration.

Cook v. McNeal, 602 N.W.2d 353

A statute did not vest board of trustees with the discretion to reconsider or rescind the will of the electors evidenced by the number of signers to the petition.

Thomason v. Stout, 267 Kan. 234

Petitioner failed to prove that the irregularities that occurred during the election would have changed the election result. There was no evidence that people voted in the election who were not supposed to.

Adkins v. Huckabay, 749 So. 2d 900

Run-off election results were reinstated, as election ballots at issue were valid.

Cade v. Lombard, 727 So. 2d 1221

Plaintiffs had failed to carry their burden of proving that defendant was not domiciled in the voting district for which he had qualified and the court refused to disqualify candidate.

Savior v. Ventura, 1999 Minn. LEXIS 217

The court denied the petition for review because even if appellant was appealing an election contest challenging the general election, the appeal was untimely because it was not filed within 10 days of entry of judgment.

Esco v. Scott, 735 So. 2d 1002

Where certificates made by eligible attorneys did not support the petition contesting election, dismissal for lack of jurisdiction was proper.

Campbell v. Whittington, 733 So. 2d 820

In a challenge to an election, 20 ballots were properly rejected because they did not comply with the statutory mandates for absentee voting and, based upon those facts, the integrity of the ballots was questionable.

Bergman v. Mills, 988 S.W.2d 84

The ballot language in a House bill was without legal effect and the court directed state appellants to perform their official ballot title preparation activities set forth in Mo. Rev.

Stat. § 116.

Braach v. Graybeal, 1999 MT 234

Plaintiff successfully challenged a recall petition but was denied attorneys’ fees.

New Jersey Conservative Party, Inc. v. Farmer, 332 N.J. Super. 278

In a case challenging exclusion from lottery for preferred ballot positions, plaintiffs failed to state a claim upon which relief was able to be granted when there was no basis to afford protection to an equal opportunity to acquire a windfall vote.

Hughes v. Timberon Water & Sanitation Dist., 128 N.M. 186

Court concluded that the most reasonable construction of the statutory language was that only residents of the district were permitted to vote in district elections.

Comer v. Ammons, 135 N.C. App. 531

The court denied defendants' motion to dismiss because plaintiff challenged the constitutionality of an election statute, not election results. The court found plaintiff had presented no viable constitutional challenge ,

In re Election Contest of Democratic Primary Election Held ..., 87 Ohio St. 3d 118

An election contest could not be dismissed because complainant was not afforded a full opportunity to meet his burden of proof.

State ex rel. Ryant Comm. v. Lorain County Bd. of Elections, 86 Ohio St. 3d 107

The court denied a complaint for a writ of prohibition to prevent respondent board of elections from conducting a special election to amend zoning classification.

State ex rel. Bona v. Village of Orange, 85 Ohio St. 3d 18

The court determined that a zoning matter was not subject to referendum at a general election because it was moot.

Penn Traffic Co. v. Clark County Bd. of Elections, 138 Ohio App. 3d 1

Intervenors had no constitutional due process, or statutory, right to notification of local option elections and since it failed to pursue its remedy, regardless of the alleged impropriety of the election, it was precluded from pursuing any other action to overturn its result.

Garst v. Myers, 329 Ore. 529

Court modified respondent's ballot title of proposed initiative measure because caption was deficient since it did not reasonably identify applicable subject matter and characterized measure as expanding governor's power and result statements were misleading since they did not properly describe the result of approval or rejection of initiative measure.

Sizemore v. Keisling, 164 Ore. App. 80

A claim was dismissed because plaintiff was required to file a pre-election action challenging the ballot initiative within 60 days after final certification of the ballot title by appellate judgment.

Bergdoll v. Kane, 557 Pa. 72

In a challenge, a ballot question failed to permit the electorate to vote separately for each proposed amendment, in violation of Pa. Const. art. 11, § 1.

In re McElhatton, 729 A.2d 163

The court reversed the dismissal of appellant objectors' petitions to set aside candidate's nomination because candidate's receptionist was authorized to receive correspondence on candidate's behalf. The court held that civil and appellate procedural rules were not to be used in election cases so as to frustrate the electoral process.

In re Nomination Petition for Denick, 729 A.2d 168

Appellant was precluded from becoming a candidate for the office of district justice while he held an official political party position and his name was to be removed from the ballot.

In re Barkman, 726 A.2d 440

The state statute permitting only party-affiliated voters to cast ballots in the primary election did not effectively disenfranchise appellant or rob her of her constitutional right to freely associate.

In re Petition to Change the Representation Plan of the Octorara ..., 722 A.2d 767

The court vacated the ruling that established a new system for electing school board directors of the area school district and directed the trial court to reassess whether its plan ensured fair representation for all voters in the district, which straddled the county lines.

In re Nominating Petition of Weinberg, 41 Pa. D. & C.4th 247

Petitioner failed to meet the heavy burden of proving that a city mayoral candidate did not satisfy the residency requirement, where the only proof against his residency was the registration of one vehicle at a suburban address and a reference to the candidate's suburban property as his home address in one loan document prepared by a bank.

DeAscentis v. Pine, 729 A.2d 715

A statute prohibited municipal employees from holding a municipal elective office in the city or town in which he or she was employed, a challenge to which was moot because petitioner lost the election.

George v. Municipal Election Comm'n, 335 S.C. 182

The court nullified referendum results because the total absence of voting booths and foldable ballots violated the statutory and constitutional right to a secret ballot.

Becker v. Pfeifer, 1999 SD 17

The court upheld the recount vote and determined the election was valid affirmed because there was no evidence of fraud or arbitrary or willful disregard of undisputed and indisputable proof, and the errors found in the recount were minor.

Blum v. Lanier, 997 S.W.2d 259

A qualified voter had standing to seek, and the trial court had jurisdiction to issue, an injunction forbidding the city's use of a misleading ballot where the called election was not delayed or cancelled because of the injunction.

Brown v. Blum, 9 S.W.3d 840

Ballot language need only show the character and purpose of the measure, not the relevant details.

Rossano v. Townsend, 9 S.W.3d 357

The court declared that a zoning resolution was invalid because it violated Alvin, Tex.,

City Charter art. VIII, § 7; and the election was void with respect to that zoning resolution.

City of Sherman v. Hudman, 996 S.W.2d 904

The court concluded that a repeal election was void because the petition that placed the initiative on the ballot did not comply with requirements imposed by state statute and the city charter.

Dumas v. Gagner, 137 Wn.2d 268

An election of port commissioner was valid because eligibility of candidates was to be favored, the court was to construe the statute liberally, and appellant fulfilled all statutory obligations.

Elections Bd. v. Wisconsin Mfrs. & Commerce, 227 Wis. 2d 650

In a campaign finance dispute, the court dismissed petitioner's complaint against respondent corporation for failing to comply with petitioner's order to file campaign statements, because respondents' due process rights were violated for lack of fair warning that respondents' ads could qualify as express advocacy under a context-based approach.

2000 (Pre-Bush v. Gore)

Brannan v. Smith, 784 So.2d 293

Evans v. State, 794 So.2d 415

O'Callaghan v. Director of Elections, 6 P.3d

728

Ordering and cancelling incoporation election

Illegal absentee voting

Emergency primary election ok

Challenge to initiative; right to intervene Alaskans for a Common Language, Inc. v.

Kritz, 3 P.3d 906

Citizens for Growth Mgmt. v. Groscost, 13

P.3d 1188

Sotomayer v. Burns, 13 P.3d 1198

Ballot initiative language not impartial

Ballot initiative misstated law

Kyle v. Daniels, 9 P.3d 1043

Citizens Clean Elections Comm'n v. Myers, 1

P.3d 706

KZPZ Broad., Inc. v. Black Canyon, 13 P.3d

772

City of Tucson v. Consumers for Retail

Choice Sponsored by Wal-Mart, 5 P.3d 934

Allred v. McLoud, 31 S.W.3d 836

Kurrus v. Priest, 29 S.W.3d 669

Walker v. Priest, 29 S.W.3d 657

Stilley v. Henson, 28 S.W.3d 274

Thiel v. Priest, 28 S.W.3d 296

Valley v. Bogard, 29 S.W.3d 269

Stilley v. Bradley, 27 S.W.3d 436

Jacobs v. Yates, 27 S.W.3d 734

Willis v. Circuit Court of Philips County, 27

S.W.3d 372

Roberts v. Priest, 20 S.W.3d 376

McCastlain v. Elmore, 10 S.W.3d 835

Stilley v. Priest, 12 S.W.3d 189

Holmes v. Jones, 83 Cal. App. 4th 882

Write-in candidate ok for primary

Ballot initiative violated state constitution

Invalidation of referendum petitions

Petition insufficient to require an election

Qualifications for candidacy

Challenge to ballot title


Proposed ordinance stricken from ballot

Misleading ballot title

Residency requirement

Absentee ballot dispute

Candidate ineligible

Candidate eligibility

Enjoinment from placing proposed constitutional amendment on ballot

Election contest challenge


Challenge to ballot initiative

In re Title v. John Fielder, 12 P.3d 246

Armstrong v. Davidson, 10 P.3d 1278

Board of County Comm'rs v. County Rd.

Users Ass'n, 11 P.3d 432

Garcia v. Chavez, 4 P.3d 1094

Percy v. Embury, 3 P.3d 1219

City of Greenwood Village v. Petitioners for the Proposed City of Centennial, 3 P.3d 427

Kluksdahl v. Henderson, 3 P.3d 11

Aisenberg v. Campbell, 999 P.2d 819

Sarchet v. Hobbs, 3 P.3d 1

Dellinger v. Bd. of County Comm'rs, 20 P.3d

1234

Reform Party of Conn. v. Bysiewicz, 760

A.2d 1257

Board of Educ. v. Town of Naugatuck, 755

A.2d 297

Wheeler v. Kane, 2000 Conn. Super. LEXIS

1194


Petition signatures

Compel initiative

Single subject initiative

Challenge to voter initiative titles

Order of elections

Initiative challenge



Denial of initiative placement on ballot

Candidates excluded from ballot

Charter provisions sent to electorate

Court ordered new election for directors of a society

Mirzakhalili v. Chagnon, 2000 Del. Ch.

LEXIS 168

N. Fork Bancorporation v. Toal, 825 A.2d

860

In re Carver Bancorp, Inc., 2000 Del. Ch.

LEXIS 68

Names not placed on ballot

Proxy vote

Proxy vote for corporate elections

Fladell v. Palm Beach County Canvassing

Bd., 772 So. 2d 1240

Kainen v. Harris, 760 So. 2d 1029

Ballot defects in Bush-Gore election

Change from elective system to appointive system

Single subject violation Advisory Opinion to the AG re Amendment to Bar Gov't from Treating People Differently

Based on Race in Pub. Educ., 778 So. 2d

888

Sterling v. Brevard County, 776 So. 2d 281 Placement on ballot

Fouts v. Bolay, 769 So. 2d 504

Perez v. Marti, 770 So. 2d 176

Qualifying petition modification

Removal of candidate, residency requirement

Residency requirement Miller v. Gross, 788 So. 2d 256

City of Jacksonville v. Cook, 765 So. 2d 289 Term limit constitutional

Pincket v. Harris, 765 So. 2d 284

Pinellas County v. Eight is Enough in

Pinellas, 775 So. 2d 317

Harris v. Moore, 752 So. 2d 1241

City of Miami v. Carollo, 748 So. 2d 397

Election not required for vacant seat

Term limits constitutional

Misleading ballot question

Invalid recall election

Middleton v. Smith, 539 S.E.2d 163

Haynes v. Wells, 538 S.E.2d 430

Van Valkenburgh v. Citizens for Term Limits,

15 P.3d 1129

Noble v. Ada County Elections Bd., 20 P.3d

679

DeFabio v. Gummersheimer, 733 N.E.2d

1241

Hileman v. McGinness, 739 N.E.2d 81

Delay v. Board of Election Comm'rs, 726

N.E.2d 755

Morton v. State Officers Electoral Bd., 726

N.E.2d 201

People v. Jeffries, 726 N.E.2d 626

Kentucky Judicial Conduct Comm'n v.

Woods, 25 S.W.3d 470

In re Jefferson, 770 So. 2d 314

Adkins v. Huckabay, 755 So. 2d 206

McClendon v. Bel, 797 So. 2d 700

Invalidation of primaries

Candidate eligibility

Voting statute unconstitutional

Procedural errors, disenfranchisement of voters

Invalidation of ballots, not counted

Election fraud, invalid ballots

Power to object to candidate's nomination

Candidate withheld from ballot

Mutilation of election materials

Ineligible candidate

Ineligible candidate

New election ordered, absentee ballot disqualification


Walsh v. Rogillio, 768 So. 2d 653 Residency requirement

City of Donaldsonville v. State, 764 So. 2d

339

Requirement of election

Valentine v. Town of Greene, 2000 Me.

Super. LEXIS 147

Mazzone v. AG, 736 N.E.2d 358

Robinson v. State Ballot Law Comm'n, 731

N.E.2d 1090

Ladner v. Necaise, 771 So. 2d 353

Upton v. McKenzie, 761 So. 2d 167

Hovis v. Daves, 14 S.W.3d 593

State ex rel. Bush-Cheney 2000 v. Baker, 34

S.W.3d 410

State ex rel. Hazelwood Yellow Ribbon

Comm v. Klos, 35 S.W.3d 457

Jackson County Bd. of Election Comm'rs v.

Paluka, 13 S.W.3d 684

Big Sky Owners Ass'n v. Adelmann, 2000

Mont. LEXIS 252

State ex rel. Stenberg v. Moore, 605 N.W.2d

440

Citizens for Honest & Responsible Gov't v.

Heller, 11 P.3d 121

Fischer v. Governor, 749 A.2d 321

Cambria v. Soaries, 776 A.2d 754

In re Gray-Sadler, 753 A.2d 1101

In re Absentee Ballots Cast By Five

Residents of Trenton Psychiatric Hosp., 750

A.2d 790

Scheduling of recall election

Attempt to block initiative petition

Standards for nomination papers

Exclusion of candidate from ballot

Write-in candidate eligibility

Ballot language challenged

Extension of voting hours

Certification of ballot proposals

Candidacy/financial disclosure requirements

Election results valid despite errors during election

Campaign finance limitation

Insufficient signatures on recall petition

Voter qualifications

Separate vote requirement

Set aside election results; write-in votes

Incompetent voters; segregated ballots

Revere v. Sullivan, 738 N.E.2d 208

Koppell v. Garcia, 712 N.Y.S.2d 697

Vacancy election not required

Challenge to nominating process of newer political party

Bonnett v. Miner, 713 N.Y.S.2d 87 Petitions to run for office accepted as corrected

Ray v. Board of Elections, 713 N.Y.S.2d 136 Challenge to new election

Fusco v. Miele, 712 N.Y.S.2d 628 Designating petition signatures invalid

Barbuto v. Sarcone, 713 N.Y.S.2d 128 Challenge to election candidate

Pecoraro v. State Comm of the

Independence Party, 714 N.Y.S.2d 533

Firestone v. Siems, 708 N.Y.S.2d 891

Removal of elected party officials

Essenberg v. Reape, 708 N.Y.S.2d 890

Essenberg v. MacKay, 709 N.Y.S.2d 406

Challenge to election certification of officers or party rules



Challenge to nominations Seltzer v. New York State Right to Life Party,

706 N.Y.S.2d 436

Kolb v. Casella, 705 N.Y.S.2d 746 Irregular applications to absentee ballots

Jenkins v. Board of Elections, 705 N.Y.S.2d

64

Paroli v. Paroli, 702 N.Y.S.2d 625

Challenge to nominations

Challenge to election results

Dorfman v. Berman, 718 N.Y.S.2d 142 Participation in primary election

Iwachiw v. New York State Bd. of Elections,

719 N.Y.S.2d 800

Deberardinis v. Sunderland, 714 N.Y.S.2d

858

In re Ramseur, 533 S.E.2d 295

Challenge to primary election results

Invalidation of petition signatures

State ex rel. Demaline v. Cuyahoga County

Bd. of Elections, 740 N.E.2d 242

State ex rel. Rose v. Lorain County Bd. of

Elections, 736 N.E.2d 886

State ex rel. Stevens v. Geauga County Bd. of Elections, 736 N.E.2d 882

State ex rel. Comm. for the Referendum of

Ordinance No. 3543-00 v. White, 736 N.E.2d

873

State ex rel. Baur v. Medina County Bd. of


McKimm v. State Elections Comm'n, 729

N.E.2d 364

In re Election Contest of Democratic Primary

Election Held May 4, 1999, 725 N.E.2d 271

State ex rel. Watson v. Hamilton County Bd. of Elections, 725 N.E.2d 255

State ex rel. Landis v. Morrow County Bd. of


State ex rel. Wolfe v. Delaware County Bd. of Elections, 724 N.E.2d 771

Shoemaker v. City of Piqua, 2000 Ohio App.

LEXIS 4742

New election not needed on voting irregularities

Challenge to ballot language

Filing of referendum petitions

Improper ballot question petition

Submission of ordinance at general election

Alteration of election date

Election law violation

Procedure after withdrawal of candidate

Invalidation of candidacy

Candidate's name on ballot

Invalidation of candidacy for failure to meet requirements for office

Campaign expenditure violations

State ex rel. Golem v. Cuyahoga County Bd. of Elections, 2000 Ohio App. LEXIS 4304

Failure to file circulating petition for ordinance

State ex rel. Christopher v. Gaia, 751 N.E.2d

914

Failure to follow law re special election

State ex rel. Smith v. City of Bay Village,

2000 Ohio App. LEXIS 929

State ex rel. Donegan v. Cuyahoga County


Challenge to candidate

Removal of name from ballot

Marsh v. Myers, 9 P.3d 113

Novick v. Myers, 7 P.3d 518



Meek v. Myers, 999 P.2d 1138

Barrie v. Myers, 998 P.2d 1270

Sager v. Myers, 998 P.2d 1267

Hector v. Myers, 998 P.2d 1268

Sizemore v. Myers, 1 P.3d 449

Fudge v. Myers, 998 P.2d 216

Nelson v. Myers, 996 P.2d 975

Dirks v. Myers, 993 P.2d 808

Mills v. Myers, 993 P.2d 807

State ex rel. Adams v. Powell, 15 P.3d 54

Mixon v. Commonwealth, 759 A.2d 442

In re Appointment of DA, 756 A.2d 711

Heicklen v. Pennsylvania Bd. of Elections,

751 A.2d 260

In re Farrow, 754 A.2d 33

In re Miller, 759 A.2d 455










Term holdover until successor

Absentee election status of felons

Appointment in vacancy vs. election

Nomination of candidates by political parties

Challenge to nominating petition

Candidate misrepresentation

Broadhurst v. City of Myrtle Beach Election

Comm'n, 537 S.E.2d 543

Requirements for new election

Halbert v. Shelby County Election Comm'n,

31 S.W.3d 246


White v. Dozier, 2000 Tenn. App. LEXIS 135 Election contest

Osterberg v. Peca, 12 S.W.3d 31 Campaign expenditures

Smith v. State, 2000 Tex. App. LEXIS 1648 Voter qualifications

Shull v. Bexar County, 2000 Tex. App.

LEXIS 41

Fund for Animals v. State Bd. of Elections,

2000 Va. Cir. LEXIS 480

Election contest

Challenge to proposed amendment

In re Recall of Pearsall-Stipek, 10 P.3d 1034 Dismissal of recall petition

Washington State Republican Party v.

Washington State Pub. Disclosure Comm'n,

4 P.3d 808

Political contributions

State ex rel. Evergreen Freedom Found. v.

Washington Educ. Ass'n, 999 P.2d 602

Miller v. County Comm'n, 539 S.E.2d 770

Carlson v. Oconto County Bd. of

Canvassers, 623 N.W.2d 195


Election contest

Election contest

Willan v. Brereton, 617 N.W.2d 907

Wisconsin Educ. Ass'n Council v. Wisconsin

State Elections Bd, 610 N.W.2d 108

Candidate disqualification


State ex rel. Block v. Circuit Court, 610

N.W.2d 213

Election contest

Murphy v. State Canvassing Bd, 12 P.3 677 Certification of candidate for election

Ada v. Gutierrez, 2000 Guam LEXIS 22 Election contest

2000 (Post-Bush v. Gore)

Sacramento County Deputy Sheriffs' Ass'n v.

County of Sacramento, 85 Cal. App. 4th 960

Seymour v. Elections Enforcement Comm'n,

762 A.2d 880

Taylor v. Martin County Canvassing Florida

Board, 2000 Fla. LEXIS 2424

Judicial Watch, Inc. v. Carroll, 776 So. 2d

300

Tataii v. Yoshina, 2000 Haw. LEXIS 447

Sammons v. Conrad, 740 N.E.2d 114

No ballot initiative conflict

Composition of CT's elections commission did not violate separation of powers

Handling of absentee ballot requests

Notice to candidates of public inspection of presidential election ballots

Unopposed candidate did not need general election

Judicial vacancy on ballot challenged by interim appointed judge

Constitutionality of ballot initiatives In re Proposed Initiative Measure No. 20 v.

Mahoney, 774 So.2d 397

Therrien v. City of Perrysburg, 2000 Ohio

App. LEXI 6031

Denial of referendum petition

Toliver v. Thompson, 17 P.3d 464

Stallwood v. Oster, 764 A.2d 196

In re Texas Senate, 36 S.W.3d 119

Ellis v. Swensen, 16 P.3d 1233

Fowler v. Fairfax County Police Officers Ret.

Sys., 57 Va. Cir. 553

2001

Singer v. City of Alabaster, 821 So. 2d 954

(Ala. 2002)

Butler v. Ala. Judicial Inquiry Commission,

802 So. 2d 207 (Ala. 2001)

Dawkins v. Walker, 794 So. 2d 333 (Ala.

2001)

Beam v. Hart, 804 So. 2d 1106 (Ala. Ct. Civ.

App. 2001)

Ulmer v. Alaska Rest. & Bev Ass'n, 33 P.3d

773 (AK 2001)

In re Carpenter, 199 Ariz. 246 (2001)

Taxpayer Protection Alliance v. Arizonans

Against Unfair Tax Schemes, 199 Ariz. 180

(2001)

Regner v. Bayless, 199 Ariz. 182 (2001)

Korte v. Bayless, 199 Ariz. 173 (2001)

Wash. Elem. Sch. Dist. No. 6 v. Maricopa

County, 200 Ariz. 588 (Ariz. Ct. App. 2001)

State Libertarian Party v. Schmeral, 200

Ariz. 486 (Ariz. Ct. App. 2001)

Fisher v. City of Apache Junction, 200 Ariz.

484 (Ariz. Ct. App. 2001)

Denial of motion to compel recount

Qualification for office

Authority to elect

Ballot form

Expansion of voting class

Redistricting, denial of right to vote

Comments made during judicial election about candidate, application of judicial ethics canons

Interpretation of country club bylaws as applied to removal of elected board member

Losing mayoral candidate alleged improper absentee ballots counted

Initiative petition dispute

Removal of elected judge

Removal of initiative from ballot challenged

Single-subject requirement for propositions

Initiative single-subject requirement

Interpreted statute to provide only one school district budget override election per year

Statutes governing selection of party leadership

Timing of filing of petitions for referendum

Browne v. Bayless, 200 Ariz. 261 (Ariz. Ct.

App. 2001)

St. Francis County v. Joshoway, 346 Ark.

496 (2001)

Helton v. Jacobs, 346 Ark. 344 (2001)

Alexander v. Davis, 346 Ark. 310 (2001)

AZ election statute imposing 6/14 deadline on independent pres'l candidates impermissibly burdened association rights

Atty's fees not warranted under Ark's election laws dealing with dispute in results of school board election

Statute counting votes for candidate who died or withdrew did not apply to candidate disqualified before primary election

Candidates, who had every opportunity to question district and voting precincts prior to the election when they could have avoided undertaking the extreme remedy of setting aside or voiding the district races, could not do so after the election.

Etherly v. Eddy, 346 Ark. 87 (2001)

Benton v. Bradley, 344 Ark. 24 (2001)

Stilley v. Hubbs, 344 Ark. 1 (2001)

Stilley v. Young, 343 Ark. 760 (2001)

Stilley v. Makris, 343 Ark. 673 (2001)

Candidates declared ineligible and whose votes in favor could not be counted did not timely file appeal

Appellant challenged dismissal of his petition to prevent appellee from consideration as judge

Rejection of initiative on sales tax

Rejection of initiative requiring county to sell hospital was proper

Injunction preventing initiative requiring county to sell hospital was proper

Voiding an election for violation of Cal. Elec.

Code

Challenged validity of Prop 21 for violation of single subject rule

Voter initiative qualification

Friends of Sierra Madre v. City of Sierra

Madre, 25 Cal. 4th 165 (2001)

Williams v. Superior Court, 93 Cal. App. 4th

1408 (2001)

Songstad v. Superior Court, 93 Cal. App. 4th

1202 (2001)

Edelstein v. Fado, 93 Cal. App. 4th 460

(2001)

Trader Sports, Inc. v. City of San Leandro,

93 Cal. App. 4th 37 (2001)

Committee to Save the Beverly Highlands

Homes Ass'n v. The Beverly Highlands

Homes Ass'n, 92 Cal. App. 4th 1247 (2001)

People v. Abasta, 92 Cal. App. 4th 896

(2001)

Nicolopulos v. City of Lawndale, 91 Cal.

App. 4th 1221 (2001)

Merritt v. City of Pleasanton, 89 Cal. App.

4th 1032 (2001)

Prohibition on write-in voting too restrictive

Superiority of election statutes

Rejection of claim that Corp. Code 7616 barred pltfs' challenge to election of Board of

Directors b/c of 9 month s.o.l.

Prop 21 did not violate single subject rule

Available remedies for ousted city clerk

Electorate has referendum power, coextensive with legislature, to make zoning decisions by initiative.

Pre-election review of proposed initiatives City of San Diego v. Dunkl, 86 Cal. App. 4th

384 (2001)

Zivian v. Brooke-Hitching, 28 P.3d 970

(2001)

Residency challenge to elected candidate

League of Women Voters of State v.

Davidson, 23 P.3d 1266 (2001)

Mello v. Conn. Republican State Cent.

Comm., 2001 Conn. Super. LEXIS 3228

(2001)

Casey v. Allegheny Teledyne, Inc., 2001

Conn. Super. LEXIS 2341 (2001)

Samperi v. DeLoatch, 2001 Conn. Super.

LEXIS 2128 (2001); See also 2001 Conn.

Super. LEXIS 2145 and Sampieri v. Haley,

2001 Conn. Super. LEXIS 2058.

Royce v. Freedom of Info Comm'n, 2001

Conn. Super. LEXIS 1626 (2001)

Schiavone v. DeStefano, 48 Conn. Supp.

521 (2001)

Nonprofit corp's political ads were not

"express advocacy"

Candidate sued political party for defamation

Apportionment complaint

Illegal impeachment proceeding of elected fire commissioner

Discussion of interim appointments to fill vacancy in municipal office could be conducted in executive session

Mayoral candidate qualifications/residency

Cochran v. Supinski, 794 A.2d 1239 (2001) Political party chairman failed to notify of candidacy deadlines; extension of deadline; members sought to enjoin

Rejection of signatures on petitions Dale v. Town of Elsmere, 2001 Del. Super.

LEXIS 161 (2001)

Jackson v. D.C. Board of Elections and

Ethics, 770 A.2d 79

The Fla. Bar v. Brown, 790 So. 2d 1081

Fouts v. Bolay, 795 So. 2d 1116

Petition challenging certification of election results dismissed

Sanctions for violation of campaign finance law

Disputed election due to alleged change in candidacy petition

Election contest; timing of appeal issue Miller v. City of Belle Glade Canvassing

Board, 790 So. 2d 511

Pepper v. Cobo, 785 So. 2d 718 School board election invalid where only one of two candidates was qualified; need at least two

Goff v. Ehrlich, 776 So. 2d 1011 Campaign contributions dispute

Ramsbottom Co. v. Bass/Zebulon Rds.

Neighborhood Ass'n, 546 S.E.2d 778

Rudeen v. Cenarrusa, 38 P.3d 598

Cole-Randazzo v. Ryan, 762 N.E.2d 485

Stroger v. Reg'l Transp. Auth.,756 N.E.2d

328

Schober v. Young, 751 N.E.2d 610

Welch v. Educ. Officers Election Bd., 750

N.E.2d 222

People ex rel. Graf v. Lake Bluff, 748 N.E.2d

801

Petersen v. Davenport Cmty. Sch. Dist., 626

N.W.2d 99

In re Swarts, 30 P.3d 1011

Appointed zoning commissioner not subject to "one person, one vote" requirement

Ballot access restrictions / term limits

Redistricting

One person, one vote" applies to appointed positions

Circulating petitions

Certification of candidates' names

Challenge of annexation

Denied access to invalidated signatures on petition

Unfitness for public office

McCraw v. City of Merriam, 26 P.3d 689

Unrau v. Kidron Bethel Ret. Servs., 27 P.3d

1

Election not required to approve building addition

Election scheme allowing developers to serve on board of directors of condo owners' ass'n illegal

Recall petitions

Campaign Finance Act violations

Reynolds v. Figge, 19 P.3d 193

Nichols v. Kansas Governmental Ethics

Comm'n, 18 P.3d 270

Pitre v. Sec'y of State, 791 So.2d 123

Ripley Rd. Assocs. v. Town of Kittery, 2001

Me. Super. LEXIS 181

City of Seat Pleasant v. Jones, 774 A.2d

1167

Vecchia v. Sullivan, 13 Mass. L. Rep. 331

Disputed judicial election

Petitions challenged

Denial of right to vote

Standards for special recall election

Marino v. Town Council of Southbridge, 13

Mass. L. Rep. 14

In re Chmura, 626 N.W.2d 876

Petition for election invalid b/c of inadequacies

Judge did not violate canon of judicial ethics in his campaign communications

Absentee ballot provisions

Challenge to annexation, appeared on ballot

Lantz v. Banks, 628 N.W.2d 583

McNamara v. Office of Strategic & Long

Range Planning, 628 N.W.2d 620

Schiff v. Griffin, 639 N.W.2d 56 Denial of correction of petition for correction of city council ballot

Challenge of special election Miss. Waste of Hancock County, Inc. v. Bd. of Supervisors, 818 So.2d 326

City of Hazelwood v. Peterson, 48 S.W.3d

36

Election contest

Levinson v. City of Kan. City, 43 S.W.3d 312 Legality of election

Rogers v. Heller, 18 P.3d 1034

McCann v. Clerk of Jersey City, 771 A.2d

1123

Arons v. N.J. Network, 775 A.2d 778

Sooy v. Gill, 774 A.2d 635

Schundler v. Paulsen, 774 A.2d 585

Coyle v. Bd. of Chosen Freeholders, 774

A.2d 559

McCann v. Clerk of Jersey City, 770 A.2d

723

Gunaji v. Macias, 31 P.3d 1008

Green v. DiNapoli, 758 N.E.2d 650

LaBrake v. Dukes, 758 N.E.2d 1110

Carney v. Davignon, 735 N.Y.S.2d 263

Sayegh v. Castaldo, 731 N.Y.S.2d 865

Initiative petition struck down

Disqualificaiton of candidate

Unfair news coverage of campaign

Disallowed candidates to use professional titles on ballots

Election law challenged by gubernatorial candidate

Termination of county counsel despite fact term had not run

Permanent disqualification of mayoral candidate

Omission of candidate's name from ballot

Failure to endorse candidate certificate not fatal

Witnessing of candidate petition signatures too burdensome

Invalidation of ballots

Nullification of certificates of elected officers

Rue v. Hill, 731 N.Y.S.2d 506 Invalidation of candidate signatures

Parete v. Hunt, 731 N.Y.S.2d 503

Etkin v. Thalmann, 731 N.Y.S.2d 248

Substitution of candidate

Validity of candidacy petition

Sullivan v. Longo, 730 N.Y.S.2d 889 Seeking to invalidate and remove candidate's name

People v. Bd. of Elections, 730 N.Y.S.2d 540 Judicial review of ballots

Ragusa v. Roper, 729 N.Y.S.2d 647

Young v. Thalmann, 729 N.Y.S.2d 221

Werner v. Castiglione, 729 N.Y.S.2d 227

Flynn v. Olma, 730 N.Y.S.2d 592

Valin v. Adamczyk, 730 N.Y.S.2d 464

Schwartz v. MacKay, 730 N.Y.S.2d 252

Kerins v. Hinrichs, 730 N.Y.S.2d 442

Poulos v. Mullarkey, 730 N.Y.S.2d 440

Invalidation of primary candidacy petitions

Invalidation of candidacy petition

Committee to receive notices essential

Challenged election

Invalidation of certificates of candidacy

Candidacy petition

Invalidate candidacy petition

Candidacy petition

Leonard v. Pradhan, 729 N.Y.S.2d 523

Kapsis v. Green, 727 N.Y.S.2d 895

Donnelly v. Curcio, 726 N.Y.S.2d 703

Davis v. Pomeroy, 725 N.Y.S.2d 440

Candidacy petition

Rules governing meetings of political parties

Internal organization of political parties; voice vote election

Rules for repealing a charter

LaValle v. Hayden, 724 N.Y.S.2d 290 Rules for electing state regents

In re Ferlicca, 723 N.Y.S.2d 296

Fort Hamilton Dev. Corp. v. Bay Ridge

Towers, Inc., 737 N.Y.S.2d 511

Densieski v. Suffolk County Bd. of Elections,

2001 N.Y. Misc. LEXIS 772

In re, Ariola v. Board of Elections in New

York, 2001 N.Y. Misc. LEXIS 1204

In re Haskell v. Pattison, 2001 N.Y. Misc.

LEXIS 367

Sullivan v. Longo, 729 N.Y.S.2d 622

False/misleading political mailers during judicial election

Counting of votes

Wording on referendum ballot

Ballot form

Mandatory referendum

Challenge to candidacy

Graziano v. Walsh, 737 N.Y.S.2d 503 Fraudulent designating petition

Fotopoulos v. Everett, 2001 N.Y. Misc.

LEXIS 798

Green v. DiNapoli, 729 N.Y.S.2d 617

Placing names on ballot

Candidate removal

Giachetti v. Orsini, 2001 N.Y. Misc. LEXIS

1017

In re Roper, 2001 N.Y. Misc. LEXIS 1284

Invalidation of signatures on designating petition

Challenging order based on designating petition

Roper v. Cilmi, 2001 N.Y. Misc. LEXIS 1121 Designating petition

Karpoff v. Mills, 2001 N.Y. Misc. LEXIS 1304 Challenging referendum

State ex rel. Barker v. Ellis, 547 S.E.2d 166 Challenging election

State ex rel. Phillips v. Lorain County Bd. of


Protest to candidacy petition

State ex rel. City of N. Olmstead v.

Cuyahoga County Bd. of Elections, 757

N.E.2d 314

State ex rel. Comm. for the Charter

Amendment Petition v. City of Hamilton, 757

N.E.2d 294

Compel rearranging of election precincts

Submission of proposed charter amendment to electorate

Confusing/misleading referendum Stutzman v. Madison County Bd. of


State ex rel. Becker v. City of Eastlake, 756

N.E.2d 1228

State ex rel. Newell v. Tuscarawas County


State ex rel. Oster v. Lorain County Bd. of


State ex rel. Hills Cmtys., Inc. v. Clermont

County Bd. of Elections, 746 N.E.2d 1115

In re Election Contest of December 14,

1999, 744 N.E.2d 745

Copenhefer v. Clark County Bd. of Elections,

2001 Ohio App. LEXIS 4881

Authorization of proposed charter amendment

Challenge of ballot initiatives

Validity of signatures on referendum petition

Zoning resolution rejected by electors

Invalidation of votes

Adequacy of referendum petition

Citizens for Choice v. Summit County

Council, 759 N.E.2d 398

Withdrawal of names from petition

DBM Enters. v. Bd. of Trs. Etna Twp., 2001

Ohio App. LEXIS 2030

Invalidation of petition

State ex rel. Osting v. City of Sidney, 2001

Ohio App. LESIX 1254

State ex rel. Myers v. Hardin County Bd. of

Elections, 2001 Ohio App. LEXIS 500

Kain v. Myers, 37 P.3d 985


Marcus v. Myers, 34 P.3d 155

Invalidation of city ordinance passed to avoid referendum

Denial of writ seeking to place ordinance on ballot

Ballot title certification

Challenge to certified ballot title

Challenge to certified ballot title

Bosak v. Myers, 33 P.3d 970


Kuerschner v. Myers, 31 P.3d 429

Oxley v. Myers, 31 P.3d 427




Doell v. Myers, 26 P.3d 141

Butte Creek Ass'n v. Marion County, 23 P.3d

997

Harris v. Keisling, 20 P.3d 864

Ferguson v. Phoenix-Talent Sch. Dist. #4, 19

P.3d 943

Pa. Prison Soc'y v. Commonwealth, 776

A.2d 971

In re Nomination Petition of Flaherty, 770

A.2d 327

In re May 15, 2001 Mun. Primary for the

Republican Nomination of Candidates, 785

A.2d 146

In re Petition to Challenge the Special

Election of Olasz, 785 A.2d 182

Hamilton v. Hennessey, 783 A.2d 852

Commonwealth v. Bailey, 775 A.2d 881

Ballot title that mistated law invalidated




Objected to draft ballot

Ban on corporate political expenditures

Challenge to initiative result

Challenge to proposed initiative

Compel election

Constitutional challenge to initiative

Removal from office of student body president

Single vote issue on ballot question

Invalidation of petition signatures

Contested nominations

Challenge special election and nomination

Political mailings under speech and debate clause

Election code violations

In re Nomination Petitions of McIntyre, 778

A.2d 746

In re Nomination Petitions of Delle Donne,

779 A.2d 1

Invalidation of nominating petition

Signatures invalidated

Montgomery County v. Pennsylvania Labor

Rels. Bd., 769 A.2d 554

Election improprieties

Blair v. City of Manning, 546 S.E.2d 649 Election challenge

Florence County v. Moore, 545 S.E.2d 507 Application of election to unexpired term

Stone v. Leatherman, 541 S.E.2d 241

In re Election Contest as to Watertown

Special Referendum Election, 628 N.W.2d

336

Protest of election result

Inconvenience or delay in voting

Franklin County v. Town of Monteagle, 2001

Tenn. App. LEXIS 379

Certification of annexation referendeum election

Perry v. Del Rio, 66 S.W.3d 239

Brown v. Todd, 53 S.W.3d 297

Carson v. Johnston, 57 S.W.3d 657

State v. Doe, 61 S.W.3d 99

City of Burien v. Kiga, 31 P.3d 659

In re Recall of Kast, 31 P.3d 677

Challenge to congressional districts

Challenge to rejected referendum enacted by executive order

Challenge to votes

Construction of political fliers

Voidation of voter-approved initiative

Recall of fire prevention district commissioner

In re Recall of Ackerson, 20 P.3d 930

Wilma v. Stevens County Canvassing Bd.,

2001 Wash. App. LEXIS 2692

Burnell v. City of Morgantown, 558 S.E.2d

306

Shumway v. Worthey, 37 P.3d 361

Insufficient recall petition

Discounting of vote

Only total invalid ordinance could be kept off ballot on pre-election review

Ambiguity of election statute proscribing method of election for city council members

2002

Chambers County Comm'n v. Chambers

County Bd. of Educ., 852 So. 2d 102

Voter consideration of school tax measure

Yates v. El Bethel Primitive Baptist Church,

847 So. 2d 331

Ex parte Avery, 843 So. 2d 137

Rice v. English, 835 So. 2d 157

Dillard v. Baldwin County Comm'n, 833 So.

2d 11

Setting aside election b/c procedures not followed

Criminal investigation of voter fraud

Redistricting

Change in election system for county commission invalid

In re 2001 Redistricting Cases, 47 P.3d 1089 Redistricting

Hughes v. Martin, 52 P.3d 197 Conflict of voter-approved propositions

Powers v. Carpenter, 51 P.3d 338 Withdrawal request for signatures on nominating petition

Conti v. Bishop, 2002 Ariz. LEXIS 124

Browne v. Bayless, 46 P.3d 416

Sherman v. City of Tempe, 45 P.3d 336

Disqualification of candidate

Filing deadline for independent candidacy

Distribution of publicity pamphlets for propositions

Robson Ranch Mts., L.L.C. v. Pinal County,

51 P.3d 342

May v. McNally, 49 P.3d 285

Untimely referendum petitions

Surcharge on civil and criminal fines to finance elections

Poll times/extension Republican Party of Ark. v. Kilgore, 98

S.W.3d 798

Magnus v. Carr, 86 S.W.3d 867

Ward v. Priest, 86 S.W.3d 884

Boyd v. Story, 84 S.W.3d 444

Fields v. Plegge, 84 S.W.3d 446

King v. Story, 84 S.W.3d 445

Brewer v. Fergus, 79 S.W.3d 831

White v. Priest, 73 S.W.3d 572

Edelstein v. City & County of San Francisco,

56 P.3d 1029

Ruiz v. Sylva, 102 Cal. App. 4th 199

Residency requirement for legislators

Language of ballot title

Stay of election proceedings



Candidacy after vacancy appointment

Ballot title and name of initiative sufficiency

Prohibition of write-in voting in runoff elections

Validity of recall petitions

Jeffrey v. Superior Court, 102 Cal. App. 4th

1

People v. Scott, 98 Cal. App. 4th 514

Delay of election

Constitutionality of Prop 21

Kaplan v. Fairway Oaks Homeowners Ass'n,

98 Cal. App. 4th 715

Jesson v. Davis, 97 Cal. App. 4th 1032

Contested directors election of ass'n

Primary election contest

Faith v. Bell, 2002 Cal. Unpub. LEXIS 11693 Lawyer issue on underlying case challenging referendum petition

Ballot occupational designation challenge Moses v. McCormack, 2002 Cal. Unpub.

LEXIS 8518

Baca v. McCormack, 2002 Cal. Unpub.

LEXIS 8236

League of Women Voters of California v.

Davis, 2002 Cal. Unpub. LEXIS 7744

Coalition of City Unions v. City of San Jose,

2002 Cal. Unpub. LEXIS 7467

Challenge to proposition

Challenge to proposition

Whether appointment can be made of person other than recommendation chosen by election

Certification of referendum petitions Pederson v. Jones, 2002 Cal. Unpub. LEXIS

6349

Berube v. Ada Park Homeowners Ass'n,

2002 Cal. Unpub. LEXIS 2489

Melero v. Dean, 2002 Cal. Unpub. LEXIS

4097

In re Title v. Respondents: Dennis Polhill &

Douglas Campbell, Proponents, & Title, 46

P.3d 438

Combs v. Norwak, 43 P.3d 743

Bd. of Educ. v. Town & Borough of

Naugatuck, 800 A.2d 517

Hadelman v. Deluca, 2002 Conn. Super.

LEXIS 3767

Challenge to homeowners ass'n election

Attys fees based on underlying causes of action to amend proposed ballot measures

Unconstitutional voter initiative

Procedures for recall elections

Constitutionlity of amendments

Reasonableness of arbitration award based on elections for canceled positions

Oliveira v. Carnell, 2002 Conn. Super.

LEXIS 655

Removal of candidates from primary

Millenco L.P. v. meVC Draper Fisher

Jurveston Fund I, Inc., 824 A.2d 11

Harrah's Entm't, Inc. v. JCC Holding Co.,

802 A.2d 294

Cochran v. Supinski, 2002 Del. Ch. LEXIS

36

Hewlett v. Hewlett-Packard Co., 2002 Del.

Ch. LEXIS 44

Williams v. D.C. Bd. of Elections & Ethics,

804 A.2d 316

Fla. Senate v. Fla. Ass'n of Realtors, Inc.,

829 So. 2d 854

Smith v. Coalition to Reduce Class Size, 827

So. 2d 959

Cook v. City of Jacksonville, 823 So. 2d 86

Advisory Opinion to the AG re Fla.'s

Amendment to Reduce Class Size, 816 So.

2d 580

Russ v. State, 832 So. 2d 901

Omission of solicitations in connection with elections

Ambiguous nomination restrictions

Challenged election

Set aside merger vote b/c of vote buying

Nominating petitions lacked integrity

Challenge to ballot language

Appearance of initiative

Term limits

Challenge to validity of ballot initiative

Conviction for election code violations reversed

Brown v. Butterworth, 831 So. 2d 683 Reapportionment of congressional districts

Sancho v. Smith, 830 So. 2d 856 Langauge and notice sufficiency of proposed ballot summary

Inadequate ballot summary Fla. Ass'n of Realtors v. Smith, 825 So. 2d

532

Kann v. Fla. Elections Comm'n, 824 So. 2d

326

Charlotte County v. IMC-Phosphates Co.,

824 So. 2d 298

Failure to timely file a report

Disqualification of elected representative

Harris v. Coalition to Reduce Class Size,

824 So. 2d 245

Less informed electorate b/c impact statements not placed on ballot

Howell v. Fears, 571 S.E.2d 392

Cox v. Barber, 568 S.E.2d 478

Invalidation of election

Residency requirement for candidates

Watland v. Yoshina, 2002 Haw. LEXIS 706 Election contest

Cayetano v. Yoshina, 2002 Haw. LEXIS 592 Waiver of election requirements

Cayetano v. Yoshina, 2002 Haw. LEXIS 588 Scheduling of a special election

Blair v. Harris, 45 P.3d 798 Candidate not required to resign from current office before filing nominating petition for different office

In re Writ of Mandamus And/Or for Writ of

Prohibition, 92 P.3d 1063

Stroger v. Reg'l Transp. Auth., 778 N.E.2d

683

Brennan v. Kolman, 781 N.E.2d 644

Repeal of voter initiative

One person, one vote

Attestation of signatures for referendum

Graham v. Reid, 779 N.E.2d 391

Vestrup v. Du Page County Election

Comm'n, 779 N.E.2d 376

Preuter v. State Officers Electoral Bd., 779

N.E.2d 322

Forcade-Osborn v. Madison County

Electoral Bd., 778 N.E.2d 768

Kaemmerer v. St. Clair County Electoral Bd.,

776 N.E.2d 900

Brooks v. Bd. of Election Comm'rs, 778

N.E.2d 173

Russo v. Vill. of Winfield, 770 N.E.2d 1287

Missing votes/irregularities did not require new election

Refusal to put candidate's name on ballot

Candidates properly on ballot

Denial of candidate's name from ballot

Improperly constituted county electoral board could not render final decision

Clarity of ballot

Writ to require placement of question on primary ballot

Nominating petition Nolan v. Cook County Officers Electoral Bd.,

768 N.E.2d 216

McCaster v. Greenwood, 766 N.E.2d 666 Which part of election code applied to election of party precinct committeeman

Invalidation of signatures on petition Marshall County Tax Awareness Comm v.

Quivey, 780 N.E.2d 380

Clay v. Marrero, 774 N.E.2d 520 Candidate eligibility

Bauman v. Maple Valley Cmty. Sch. Dist.,

649 N.W.2d 9

Contested election

Bowers v. Polk County Bd. of Supervisors,

638 N.W.2d 682

Richards v. Schmidt, 56 P.3d 274

In re Stovall, 44 P.3d 1266

Temperance League of Ky. v. Perry, 74

S.W.3d 730

Cameron Parish Police Jury v. McKeithen,

836 So. 2d 181


837 So. 2d 9


827 So. 2d 666

Reeves v. Johnson, 824 So. 2d 1277

Malone v. Tubbs, 825 So. 2d 585

Thomas v. Caldwell, 824 So. 2d 548

Petition requirements for referendum

Rejection of recall petition

One person, one vote

Holding of local option election permissible

Referendum illegal and invalid

Sec of St failed to remove ballot propositions

Sued to have propositions place on ballot


Disqualification of candidates


State Bd. of Ethics v. Ourso, 838 So. 2d 792 Campaign contribution violations

Nugent v. Phelps, 816 So. 2d 349 Nullification of election

In re Declaratory Judgment for the City of

Harahan, 807 So. 2d 997

Ten Voters of Biddeford v. City of Biddeford,

2002 Me. Super. LEXIS 66

Challenge to election on term limits

Recall petition

Parsons v. Inhabitants of Carmel, 2002 Me.

Super. LEXIS 127

Oglesby v. Williams, 812 A.2d 1061

In re Legislative Districting of the State, 805

A.2d 292

In re 2002 Legislative Redistricting of the

State, 2002 Md. LEXIS 330

Kent Island Def. League, LLC v. Queen

Anne's County Bd. of Elections, 806 A.2d

341

McClure v. Sec'y of the Commonwealth, 766

N.E.2d 847

Mayor of Cambridge v. Sec'y of the

Commonwealth, 765 N.E.2d 749

Denial of proposed article


Redistricting

Proposed redistricting

Ordinances not subject to referendum

Redistricting

Redistricting

Collective Bargaining Reform Ass'n v. Labor

Rels. Comm'n, 763 N.E. 2d 1036

Bates v. Dir. of the Office of Campaign &

Political Fin., 736 N.E.2d 6

Caprera v. Haggerty, 2002 Mass. Super.

LEXIS 114

State v. Wayne County Clerk, 648 N.W.2d

202

Refusal to order an election

Clean election statue application

Removal of elected official

Placement of proposition

Le Roux v. Sec'y of State, 640 N.W.2d 849 Redistricting

Key v. Twp. of Paw Paw, 657 N.W.2d 546 Candidate's Freedom of Information Act request

Charter Twp. v. Oakland County Clerk, 654

N.W.2d 610

Harbor Tel. 2103 v. Oakland County Bd. of

Comm'rs, 654 N.W.2d 633

Jon E. Coon & Libertarian Party of Mich. v.

Bureau of Elections, 2002 Mich. App. LEXIS

590

Olson v. Zuehlke, 652 N.W.2d 37

Lundquist v. Leonard, 652 N.W.2d 33

Piepho v. Bruns, 652 N.W.2d 40

Zettler v. Ventura, 649 N.W.2d 846

Winters v. Kiffmeyer, 650 N.W.2d 167

In re Notice of Contest of Election for

Question #2 of Recount Results of Question

#2, 2002 Minn. App. LEXIS 761

McIntosh v. Sanders, 831 So. 2d 1111

Straughter v. Collins, 819 So. 2d 1244

Lewis v. Gibbons, 80 S.W.3d 461

Reeves v. Bockman, 101 S.W.3d 280

Compliance of annexation petitions with MI

Elections Law

Challenge to annexation petitions

Party exclusion from ballot

Residency intent

Residency challenge

Residency challenge

Use of constitutional election process

Denial of name on ballot

Voter intent

Disqualification of winning candidate

Integrity of absentee ballots


Contest of primary election

State ex rel. Bouchard v. Grady, 86 S.W.3d

121

State ex rel. Mason v. County Legislature,

75 S.W.3d 884

McFarland v. Aaron, 65 S.W.3d 609

Election contest

Placement of candidate on ballot

Second recount

Cole v. State ex rel. Brown, 42 P.3d 760

State ex rel. Steinke v. Lautenbaugh, 642

N.W.2d 132

Sydow v. City of Grand Island, 639 N.W.2d

913

Garvin v. Ninth Judicial Dist. Court, 59 P.3d

1180

Citizens for a Pub. Train Trench Vote v. City of Reno, 53 P.3d 387

Glover v. Concerned Citizens for Fuji Park &

Fairgrounds, 50 P.3d 546

Williams v. Clark County Da, 50 P.3d 536

Town of Hooksett v. Baines, 813 A.2d 474

N.J. Democratic Party, Inc. v. Samson, 814

A.2d 1082

Friends Ret. Concepts v. Bd. of Educ., 811

A.2d 962

Solid Rock Baptist Church v. Carlton, 789

A.2d 149

In re Holmes, 788 A.2d 291

In re Shanley, 774 N.E.2d 735

Lavalle v. Hayden, 773 N.E.2d 490

Delgado v. Sunderland, 767 N.E.2d 662

Challenge to initiative

Adjustment of subdistrict and failure to accept candidate for such district

Signature requirements

Petition properly placed on ballot

Refusal of proposed initiative

Placement of initiative on ballot

Legal domicile listing

Enactment of term limits

Replacement of candidate

Conflicts of interest in participating in debates leading up to election

Ambiguous church election bylaws

Validity of absentee ballots

Campaign ads

Joint ballot of regents const'l

Challenge results

Neibauer v. Bd. of Elections, 746 N.Y.S.2d

616

Camardi v. Sinawski, 746 N.Y.S.2d 489

Challenge subject designating petitions

Challenge to residency

Shuboney v. Monroe County Bd. of

Elections, 746 N.Y.S.2d 334

Independence Party State Comm. v. State

Bd. of Elections, 746 N.Y.S.2d 330

Bliss v. Nobles, 746 N.Y.S.2d 410

Invalidation of candidates' designating petitions

Certification of candidate on ballot

Invalidation of candidate's designating petition

Stoppenbach v. Sweeney, 746 N.Y.S.2d 328 Invalidation of signatures

Rivera v. Espada, 747 N.Y.S.2d 1 Cancellation of party enrollment

Tower Assocs. v. Blvd. Towers Condo., 744

N.Y.S.2d 451

Seltzer v. N.Y. State Democratic Comm.,

743 N.Y.S.2d 565

Delgado v. Sunderland, 736 N.Y.S.2d 386

Sufficiency to elect candidate to board of managers

Petition for committee compliance with election law

Challenge results

Brown v. Degrace, 751 N.Y.S.2d 150

Rivera v. Espada, 750 N.Y.S.2d 433

Hensley v. Efman, 747 N.Y.S.2d 339

Ballot placement

Election hearing redetermination tainted

Challenge to party nominees

Boschetti v. MacKay, 748 N.Y.S.2d 841

Donohue v. Nield, 2002 N.Y. Misc. LEXIS

1876

Donohue v. Conklin, 747 N.Y.S.2d 893

Invalidation of election petitions

Challenge to designating petitions

Challenge to residency

In the Matter of Rivera, 2002 N.Y. Misc.

LEXIS 1495

Cancellation of party enrollment

Porto v. Oliver, 2002 N.Y. Misc. LEXIS 915 Invalidation of among other things certification of election officers

Held v. Hall, 741 N.Y.S.2d 648 Conflict in two elected positions

Stephenson v. Bartlett, 562 S.E.2d 377

Boyce & Isley v. Cooper, 568 S.E.2d 893

Neier v. State, 565 S.E.2d 229

Batdorff v. N.C. State Bd. of Elections, 563

S.E.2d 43

Whitman v. Hamilton County Bd. of


State ex rel. Fuller v. Medina County Bd. of


In re Judicial Campaign Complaint Against

Per Due, 777 N.E.2d 846

Redistricting

Defamation claim in political campaign

Parties can close primaries to nonmembers

Campaign finance

Writ to prevent candidate on ballot

Protest to referendum petition

Campaign requirements

State ex rel. Vickers v. Summit County

Council, 777 N.E.2d 830

State ex rel. Hackworth v. Hughes, 776

N.E.2d 1050

State ex rel. Comm. for the Charter

Amendment v. City of Westlake, 776 N.E.2d

1041

State ex rel. Moore v. Malone, 775 N.E.2d

812

State ex rel. Comm. for the Referendum of

Lorain Ordinance No. 77-01 v. Lorain County


State ex rel. City of Toledo v. Lucas County


State ex rel. Ditmars v. McSweeney, 764

N.E.2d 971

Common Cause/Ohio v. Ohio Elections

Comm'n, 779 N.E.2d 766

Placement on ballot

Proposed charter amendment not submitted to electorate

Placement of city charter amendment on ballot

Rejected referendum

Decertification of election results

Ordered to hold special election

Certification of initiative petition

Political ads

Materkowski v. Belmont County Bd. of

Elections, 2002 Ohio App. LEXIS 4526

Action to force submission of emergency ordinance to referendum

State ex rel. Gamble v. Franklin County Bd. of Elections, 2002 Ohio App. LEXIS 2484

Invalidation of candidate's petition

Ferritto v. City of Twinsburg, 2002 Ohio App.

LEXIS 421

Procedures for placing ordinance on ballot

Alexander v. Taylor, 51 P.3d 1204

League of Or. Cities v. State, 56 P.3d 892

Lehman v. Bradbury, 54 P.3d 591

Girard v. Myers, 45 P.3d 934

Peterson v. Myers, 44 P.3d 586

Swett v. Bradbury, 43 P.3d 1094

Hunnicutt v. Myers, 43 P.3d 1114

Carroll v. Myers, 47 P.3d 2




Mabon v. Myers, 41 P.3d 1083




Meyer v. Myers, 41 P.3d 420

Peterson v. Myers, 41 P.3d 419




Ross v. Myers, 39 P.3d 189

Chamberlin v. Myers, 39 P.3d 175

Redistricting

Separate-vote requirement

Validity of ballot measure






Modified ballot title

Certification of ballot title

















Yugler v. Myers, 39 P.3d 186




Mabon v. Myers, 39 P.3d 171

Lehman v. Bradbury, 37 P.3d 989

Freedom Socialist Party v. Bradbury, 48

P.3d 199

Commonwealth v. Beck, 810 A.2d 736

Grimaud v. Commonwealth, 806 A.2d 923

Mellow v. Pizzingrilli, 800 A.2d 350











Political party names

Convictions of Election Code

Submission of ballot questions to electorate


In re Petition to Set Aside Nomination

Petition of Joseph J. O'Hara, 795 A.2d 513

In re Appointment of Rodriguez, 791 A.2d

441

Lawless v. Jubelirer, 789 A.2d 820

Whitehouse v. Moran, 808 A.2d 626

Cote v. Inman, 2002 R.I. Super. LEXIS 1

Action to set aside nomination


Conflict in elected positions

Conflict in elected positions

Electorate vs. bipartisan commission to determine if constitutional convention should be held

Recount petition In re Determination of Election on the

Brookings Sch. District's Decision to Raise

Additional Gen. Fund Prop. Tax

Revenues,649 N.W.2d 581

In re Sanchez, 2002 Tex. LEXIS 142

State v. Hodges, 92 S.W.3d 489

In re Sanchez, 81 S.W.3d 794

In re Gamble, 71 S.W.3d 313

In re Bell, 91 S.W.3d 784

In re Parnell, 2002 Tex. App. LEXIS 8651

Templeton v. McEntyre, 2002 Tex. App.

LEXIS 7292

Ortiz v. Garcia-Cortez

Filing deadlines for municipal elections

Judicial party nominations

Placement of names on ballot

Defective application for placement on ballot

Validity of signatures

Certificate of election

Replacement candidate

Triantaphyllis v. Gamble, 93 S.W.3d 398

In re Hamlin, 2002 Tex. App. LEXIS 6630

Error in voiding election b/c couldn't determine voter intent in contested ballots

Candidate's name on ballot

Eligibility of candidate

Hutchison v. Hamlin, 2002 Tex. App. LEXIS

6631

Disqualification in election contest

Ovard v. Hamlin, 2002 Tex. App. LEXIS

6633

Reese v. Duncan, 80 S.W.3d 650

In re Bowen, 2002 Tex. App. LEXIS 3145

Monreal v. Hildebrand, 2002 Tex. App.

LEXIS 2011

Austin Police Ass'n v. City of Austin, 71

S.W.3d 885

In re Triantaphyllis, 68 S.W.3d 861

Gallivan v. Walker, 54 P.3d 1069

Grand County v. Emery County, 52 P.3d

1148

Wilkins v. West, 571 S.E.2d 100

West v. Gilmore, 2002 Va. Cir. LEXIS 37

Removal of candidate

Voided election result

Petition for removal of candidate's name

Voiding of local livestock election

Conflict in election code

Ballot application untimely filed

Signature requirement for initiative

Only majority vote needed

Redistricting

Redistricting

Wash. State Labor Council v. Reed, 2002

Wash. LEXIS 608

Grant County Fire Prot. Dist. No. 5 v. City of

Moses Lake, 42 P.3d 394

State ex rel. Evergreen Freedom Found. v.

Wash. Educ. Ass'n, 2002 Wash. App. LEXIS

3408

State ex rel. Munro v. City of Poulsbo, 37

P.3d 319

Jensen v. Wis. Elections Bd., 639 N.W.2d

537

Hammond v. Bd. of Canvassers, 657

N.W.2d 440

Roth v. LaFarge Sch. Dist. Bd., 655 N.W.2d

471

Wade v. Taitano, 2002 Guam LEXIS 22

Attempted injunction against referendum

Annexation petition

Political committee status in opposing ballot initiatives

Resignation and replacement of elected officer

Redistricting

Results challenged

Disqualification of ballot/voter intent

Invalidation of election regulation

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