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electionlineWeekly — July 23, 2015

Table of Contents

 V. Legal Updates

California: Rick Montoya, a former candidate for Garden Grove city council has filed a California Voting Rights Act lawsuit against the city arguing that the city’s at-large election system dilutes the voting powerof Latino residents.

Delaware: According to The News Journal, Rehoboth Beach resident Jackie Nichols has filed a federal lawsuit claiming that Rehoboth’s election procedures for referendum questions violate both the U.S. and Delaware constitutions. At issue are two referendums allowing the city to borrow millions of dollars for municipal complex and sewer updates. The Rehoboth charter allows the owner of corporations to cast ballot in referendum votes and also allows owners of multiple properties to cast multiple votes.

Georgia: Baldwin County Probate Judge Todd Blackwell has ruled that a 35-vote margin isn’t close enough to trigger an automatic recount in a special election for the mayor of Milledgeville.

Indiana: The Indiana Supreme Court has refused to hear the appeal of former Secretary of State Charlie White who was convicted of voter fraud, theft and perjury. According to The Northwest Times, Chief Justice Loretta Rush wrote the one-page denial that was supported 4-0 with Justice Mark Massa not participating. An attorney for White said that he is willing to go all the way to the U.S. Supreme Court to get the convictions overturned.

Pennsylvania: Judge Mark A. Betleski has ruled that Loraine County will not need to recount ballots in a city council race decided by 152 votes. Betleski also ruled this week that the county board of elections will not become a legal party in the ongoing legal battle.

Texas: The 13th U.S. Court of Appeals will not hear a request from a Weslaco city commissioner who is seeking to block a new election called for by a lower court after it determined there was possible voter fraud in the 2013 contest.