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Publication Date: 2023-02-13
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 588 M.D. 2022
While petitioner raised important legal issues regarding the validity of three writs of election, he failed to persuade the court that enjoining scheduled special elections for seats in the Pennsylvania House of Representatives pending a decision on the merits was reasonable given preparations that had already occurred. The commonwealth court denied petitioner's emergency application.
Publication Date: 2023-02-13
Practice Area: Election and Political Law
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 563 M.D. 2022
Impeachment articles failed to state viable claim against official as they did not allege any criminal misconduct in office or the failure to perform positive ministerial duties required by law. Preliminary objections overruled, application for summary relief granted in part and denied in part, cross-application granted in part and denied in part.
Publication Date: 2023-02-06
Practice Area: Election and Political Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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for defendant:
Case Number: 91 MAP 2022
Candidates appealed the setting aside of their petitions to run for an office in the general election after they had voluntarily withdrawn their petitions to run in the primary election and asked the commonwealth court to remove their names from the ballot and court found the Packrall exception to the "sore loser" provision did into apply in circumstances where a candidate obtained a court order withdrawing her primary election nomination petitions pursuant to §978.4 of the election code or where a court granted a petition to set asid
Publication Date: 2023-01-16
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-00115
As the state legislature intended §2648 of the Election Code to provide broad public access to the documents and records of county boards of elections, the limited exceptions to public access in that provision could not be used to shield Lycoming County ClearVote Cast Vote records from public access. The court ordered production of documents.
Publication Date: 2022-12-26
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh
Judge: Judge Capehart
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-1849
The Lehigh County Board of Elections was not required to provide in-person monitoring of its five county-wide ballot drop boxes or limit the hours of the 24/7 ballot drop box at its government center in the absence of Election Code provisions mandating such measures and in the face of the speculative harm alleged. The court denied petitioners injunctive relief.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2022-12-19
Practice Area: Election and Political Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
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for defendant:
Case Number: 2:22-cv-00360-CFK
Unlawful First Amendment retaliation claim failed where plaintiff submitted registration application for political ward committee without its authorization and ward leader subsequently exercised her authority to change the primary contact on the registration. Plaintiff's motion for preliminary injunction denied.
Publication Date: 2022-12-19
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 7228 CV 2022
The court refused to enjoin defendant from notifying mail-in and absentee ballot voters of any obvious defects in their ballots, thereby allowing them to submit a proper ballot since granting injunctive relief one day before the election would cause greater harm than refusing it. The court denied plaintiffs' request.
Publication Date: 2022-09-19
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 392 M.D. 2022
Under §976(e) of the state's Election Code, the respondent candidate who had previously filed nomination petitions for candidacy in a primary and did not seek an administrative withdrawal pursuant to §914, was precluded from filing nomination papers to appear on the general election ballot for the same position. The court granted objectors' petition to set aside respondent's nomination paper.
Publication Date: 2022-09-19
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 393 M.D. 2022
Objectors moved to set aside candidate's nomination papers to be certified as the Libertarian candidate after court earlier granted a petition to set aside her nomination petition to run as a candidate in the Republican primary for the general assembly and court granted objector's petition because candidate was barred under both In re Benkoski, 943 A.2d 212, and In re Cohen, 225 A.3d 1083. Petition granted.
Publication Date: 2022-08-29
Practice Area: Election and Political Law
Industry: Education | Non-Profit | Technology Media and Telecom
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0926
Defendants' on-line article, which made certain assertions of fact and purported to connect the dots to reach the conclusion that the plaintiff political action committee was a "dark money" organization and a "front group" for right-wing extremists, constituted political opinion and was not, therefore, actionable as defamatory. The court sustained defendants' preliminary objections.
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