Articles Posted in US Court of Appeals for the Eleventh Circuit

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This case involved Florida's practice of counting vote-by-mail ballots only after verifying that the voter's signature provided with the ballot matches the voter's signature in the state's records. At issue in this appeal was NRSC's motion for emergency stay. The court denied NRSC's motion and held that NRSC failed to satisfy the requirements for the issuance of a stay. The court applied the factors in Nken v. Holder, 556 U.S. 418, 434 (2009), and held that NRSC has not made a strong showing that it was likely to succeed on appeal. In this case, NRSC has not made a strong showing that the burden imposed on the right to vote is constitutional as judged by the Anderson-Burdick balancing test and NRSC has not made a strong showing that it was likely to succeed on the merits of its laches argument. The court also held that the remaining Nken factors similarly disfavored a stay. View "Democratic Executive Committee of Florida v. Lee" on Justia Law

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In this appeal challenging the constitutionality of Alabama’s three percent signature requirement for ballot access under certain election circumstances, the Eleventh Circuit held that the case was moot. Under Alabama law, independent candidates for political office have the right to have their name listed on the election ballot by filing a petition signed by at least three percent of qualified electors. James Hall, who ran as an independent candidate in a special election to fill a vacancy in Alabama’s First United States House of Representatives District, brought this action challenging the constitutionality of the three percent requirement as applied during a special election cycle. The district court issued a declaratory judgment that Alabama’s three percent signature requirement for ballot access violates the First and Fourteenth Amendments when enforced during any off-season special election for a U.S. House of Representatives seat in Alabama. The Eleventh Circuit vacated the judgment of the district court and remanded with instructions to dismiss the case as moot, holding that there was no expectation that Hall, the same complaining party, will again be subject to the three percent requirement as an independent candidate or voter in a special election for a U.S. House seat. View "Hall v. Secretary, State of Alabama" on Justia Law