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New rules regarding election certification in Georgia to get test in court
U.S. Court News |
2024/09/30 09:23
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Two controversial new rules passed by Georgia’s State Election Board concerning the certification of vote tallies are set to face their first test in court this week.
The Republican majority on the State Election Board — made up of three members praised by former President Donald Trump praised by name at a recent rally — voted to approve the rules last month. Democrats filed a legal challenge and argue the rules could be used “to upend the statutorily required process for certifying election results in Georgia.”
A bench trial, meaning there is a judge but no jury, is set to begin Tuesday before Fulton County Superior Court Judge Robert McBurney.
One of the rules provides a definition of certification that includes requiring county officials to conduct a “reasonable inquiry” before certifying results, but it does not specify what that means. The other includes language allowing county election officials “to examine all election related documentation created during the conduct of elections.”
A series of recent appointments means Trump-endorsed Republicans have had a 3-2 majority on the State Election Board since May. That majority has passed several new rules over the past two months that have caused worry among Democrats and others who believe Trump and his allies may use them to cause confusion and cast doubt on the results if he loses this crucial swing state to Democratic Vice President Kamala Harris in November’s presidential election.
Another rule the board passed more recently requires that poll workers count the number of paper ballots — not votes — by hand on election night after voting ends. A separate lawsuit filed by a group headed by a former Republican lawmaker initially challenged the two certification rules but was amended last week to also challenge the ballot counting rule and some others that the board passed.
Georgia Secretary of State Brad Raffensperger and an association of county election officials had cautioned the state board against passing new rules so close to the election. They argued it could cause confusion among poll workers and voters and undermine public trust in the voting process.
The challenge to the certification rules filed by Democratic groups and others asks the judge to confirm that election superintendents — a multi-person election board in most counties — have a duty to certify an election by the deadline provided in the law and have no discretion to withhold or delay certification. They ask that it should be declared invalid if the judge believes either of the rules allows such discretion.
Lawyers for the State Election Board argue the Democrats are asking the judge to “declare what is already enshrined in Georgia law,” that county certification is mandatory and must occur by 5 p.m. the Monday after the election, or the next day if Monday is a holiday, as it is this year. They also argue the challenge is barred by the principle of sovereign immunity and seeks relief that isn’t appropriate under the law.
The challenge was filed by the state and national Democratic parties, as well as county election board members from counties in metro Atlanta, most chosen by the local Democratic Party, as well voters who support Democrats and two Democratic state lawmakers running for reelection. It was filed against the State Election Board, and the state and national Republican parties joined the fight on the board’s side.
The Democrats concede in their challenge that the two rules “could be read not to conflict with Georgia statutes” but they argue “that is not what the drafters of those rules intended.”
“According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or render it wholly optional,” they wrote in a court filing.
They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and “the new rules hand those officials new tools to do so again in November.”
State lawyers argue that since the argument against the rules is based on the alleged intent of the people who presented them or the way some officials could interpret them, rather than on the text of the rules themselves, the challenge should be thrown out.
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North Carolina appeals court blocks use of UNC's digital ID for voting
U.S. Court News |
2024/09/27 09:23
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A North Carolina appeals court on Friday blocked students and employees at the state's flagship public university from providing a digital identification produced by the school when voting to comply with a new photo ID mandate.
The decision by a three-judge panel of the intermediate-level Court of Appeals reverses at least temporarily last month's decision by the State Board of Elections that the mobile ID generated by the University of North Carolina at Chapel Hill met security and photo requirements in the law and could be used.
The Republican National Committee and state Republican Party sued to overturn the decision by the Democratic-majority board earlier this month, saying the law allows only physical ID cards to be approved. Superior Court Judge Keith Gregory last week denied a temporary restraining order to halt its use. The Republicans appealed.
Friday's order didn't include the names of the three judges who considered the Republicans' requests and who unanimously ordered the elections board not to accept the mobile UNC One Card for casting a ballot this fall. The court releases the judges' names later. Eleven of the court's 15 judges are registered Republicans.
The order also didn't give the legal reasoning to grant the GOP's requests, although it mentioned a board memo that otherwise prohibits other images of physical IDs — like those copied or photographed — from qualifying.
In court briefs, lawyers for the RNC and N.C. GOP said refusing to block the ID's use temporarily would upend the status quo for the November election — in which otherwise only physical cards are accepted — and could result in ineligible voters casting ballots through manipulating the electronic card.
North Carolina GOP spokesperson Matt Mercer said Friday's decision "will ensure election integrity and adherence to state law."
The Democratic National Committee and a UNC student group who joined the case said the board rightly determined that the digital ID met the requirements set in state law. The DNC attorneys wrote that preventing its use could confuse or even disenfranchise up to 40,000 people who work or attend the school so close to the election.
North Carolina is considered a presidential battleground state where statewide races are often close.
Friday's ruling could be appealed to the state Supreme Court. A lawyer for the DNC referred questions to a spokesperson for Kamala Harris' campaign who didn't immediately respond to a request for comment. A state board spokesperson also didn't immediately respond to a similar request.
Voters can still show photo IDs from several broad categories, including their driver's license, passport and military IDs. The board also has approved over 130 types of traditional student and employee IDs.
The mobile UNC One Card marked the first such ID posted from someone's smartphone that the board has approved. Only the mobile ID credentials on Apple phones qualified.
The mobile UNC One Card is now the default ID card issued on campus, although students and permanent employees can still obtain a physical card instead for a small fee. The school said recently it would create physical cards at no charge for those who received a digital ID but want the physical card for voting.
The Republican-dominated North Carolina legislature enacted a voter ID law in late 2018, but legal challenges prevented the mandate's implementation until municipal elections in 2023. Infrequent voters will meet the qualifications for the first time this fall. Voters who lack an ID can fill out an exception form.
Early in-person voting begins Oct. 17, and absentee ballots are now being distributed to those requesting them. Absentee voters also must provide a copy of an ID or fill out the exception form.
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A court in Argentina orders the arrest of Venezuela’s president
Law Firm News |
2024/09/24 06:41
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A federal court in Argentina on Monday ordered the “immediate” arrest of Venezuelan President Nicolás Maduro and Interior Minister Diosdado Cabello for alleged crimes against humanity committed against dissidents.
The court order came in response to an appeal by Argentine prosecutor Carlos Stornelli after a previous ruling dismissed the complaint against both Venezuelan leaders.
Federal court members Pablo Bertuzzi, Leopoldo Bruglia and Mariano Llorens ordered that “the arrest warrants for Nicolás Maduro and Diosdado Cabello be executed immediately, and that their international arrest should be ordered via Interpol for the purposes of extradition to the Argentine Republic,” according to the resolution.
The order comes hours after Venezuela’s Supreme Court issued an arrest warrant for Argentina’s President Javier Milei amid a controversy between the two countries over the detention in Argentine territory — and delivery to the United States — of a cargo plane that Washington says was sold by a sanctioned Iranian airline to a Venezuelan state-owned company.
The tit-for-tat heightens the tensions between Venezuela and Argentina that have been brewing since far-right Milei assumed power in December and that has led to a breakdown in diplomatic relations.
The case against Maduro and his right-hand man was brought before the Argentine courts by the Argentine Forum for Democracy in the Region, FADER, in early 2023, taking into account Argentina’s jurisprudence on human rights and the principle of universal jurisdiction that allows action to be taken against crimes against humanity, even if they have been committed outside its borders.
According to the plaintiffs, a systematic plan of repression, forced disappearance of persons, torture, homicides and persecution against dissidents has been in place in Venezuela since 2014. |
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Mexican cartel leader’s son convicted of violent role in drug trafficking plot
Court News |
2024/09/21 06:41
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The son of a Mexican drug cartel leader was convicted Friday of charges that he used violence, including the deadly downing of a military helicopter, to help his father operate one of the country’s largest and most dangerous narcotics trafficking organizations.
Rubén Oseguera, known as “El Menchito,” is the son of fugitive Jalisco New Generation cartel boss Nemesio Oseguera and served as the “CJNG” cartel’s second-in-command before his extradition to the U.S. in February 2020.
A federal jury in Washington, D.C., deliberated for several hours over two days before finding the younger Oseguera guilty of both counts in his indictment: conspiring to distribute cocaine and methamphetamine for U.S. importation and using a firearm in a drug conspiracy.
“El Menchito now joins the growing list of high-ranking Cartel leaders that the Justice Department has convicted in an American courtroom,” Attorney General Merrick Garland said in an emailed statement. “We are grateful to our Mexican law enforcement partners for their extensive cooperation and sacrifice in holding accountable leaders of the Jalisco Cartel.”
The younger Oseguera, who was born in California and holds dual U.S.-Mexican citizenship, is scheduled to be sentenced Jan. 10 by U.S. District Judge Beryl Howell. He faces a maximum sentence of life in prison and a mandatory minimum of 40 years in prison.
Oseguera didn’t have an obvious reaction to the jury’s verdict. One of his lawyers patted him on his shoulder before he was led out of the courtroom.
The U.S. government has offered a reward of up $10 million for information leading to the arrest of the elder Oseguera, whose alias, “El Mencho,” is a play on his first name.
Prosecutors showed jurors a rifle bearing Oseguera’s nicknames, “Menchito” and “JR,” along with the cartel’s acronym. The gun was in his possession when he was arrested.
“JR” also was etched on a belt found at the site where a Mexican military helicopter crashed after cartel members shot the aircraft down with a rocket-propelled grenade in 2015. Prosecutors said the younger Oseguera, now 34, ordered subordinates to shoot down the helicopter in Jalisco, Mexico, so that he and his father could avoid capture. At least nine people on board the helicopter were killed in the attack, according to prosecutors.
Oseguera ordered the killings of at least 100 people and frequently bragged about murders and kidnappings, according to prosecutors. They said he personally shot and killed at least two people, including a rival drug trafficker and a disobedient subordinate.
During the trial’s closing arguments Thursday, Justice Department prosecutor Kaitlin Sahni described Oseguera as “a prince, an heir to an empire.”
“But this wasn’t a fairytale,” she said. “This was the story of the defendant’s drugs, guns and murder, told to you by the people who saw it firsthand.”
Jurors heard testimony from six cooperating witnesses who tied Oseguera to drug trafficking.
Defense attorney Anthony Colombo tried to attack the witnesses’ credibility and motives, calling them “sociopaths” who told self-serving lies about his client. |
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