North Dakota secretary of state to appeal decision striking down state’s legislative districts
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Daily Docket — Wednesday, Nov. 22
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Here are some private right of action updates.
* North Dakota Secretary of State Michael Howe (R) will appeal ([link removed]) a decision ([link removed]) striking down the state's legislative districts for violating the Voting Rights Act by diluting Native American voting strength, citing the 8th U.S. Circuit Court of Appeal’s recent ruling ([link removed]) that private parties cannot bring Section 2 claims.
+ Despite the 8th Circuit's ruling, there remains established precedent that private groups and individuals can file lawsuits under Section 2 of the VRA in the 5th ([link removed]) , 6th ([link removed]) and 11th ([link removed]) U.S. Circuit Courts of Appeals.
* In a lawsuit challenging Georgia's "wet signature" requirement — meaning absentee ballot applications must be signed with pen and ink — Georgia officials argued ([link removed]) that private litigants cannot bring lawsuits under the Materiality Provision of the Civil Rights Act.
Here are some other updates.
* A Tennessee three-judge panel struck down ([link removed]) the state's Senate map for violating the Tennessee Constitution. Lawmakers have until Jan. 31 to enact a new map.
* The Colorado Supreme Court scheduled ([link removed]) oral argument for Dec. 6 in a state-level lawsuit ([link removed]) challenging former President Donald Trump’s eligibility to be on the state's ballot for the 2024 presidential election.
* A Virginia court held ([link removed]) a hearing in a federal lawsuit challenging the state constitution’s felony disenfranchisement provision, which denies the right to vote to people convicted of any felony.
* For the fourth time, the Arizona Supreme Court has denied ([link removed]) Kari Lake's request to transfer the appeal of her failed election contest directly to the state's highest court. Litigation is ongoing in the Court of Appeals.
* The post-trial briefs from former Trump lawyer John Eastman’s disciplinary trial in the State Bar Court of California were due today.
* Final results ([link removed]) show Mississippi Gov. Tate Reeves (R) defeated Brandon Presley by just 26,619 votes in the state's 2023 gubernatorial election. That's less than the nearly 29,000 Mississippians who have been disenfranchised ([link removed]) as a result of felony convictions, despite completing their sentencing terms between 1994 and 2017.
Here’s what’s coming up.
* The courts should be quiet the rest of the week given the Thanksgiving holiday, but Louisiana’s legislative maps will head ([link removed]) to trial next Monday.
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Here's What I'm Thankful for This Year ([link removed])
By Marc Elias
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