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Wisconsin Supreme Court disallows absentee ballot drop boxes
Court News | 2022/07/06 09:47
Wisconsin’s conservative-controlled Supreme Court ruled Friday that absentee ballot drop boxes may be placed only in election offices and that no one other than the voter can return a ballot in person, dealing a defeat to Democrats who said the decision would make it harder to vote in the battleground state.

However, the court didn’t address whether anyone other than the voter can return his or her own ballot by mail. That means that anyone could still collect multiple ballots for voters and, instead of using a drop box, put them in the mail.

Republicans have argued that practice, known as ballot harvesting, is ripe with fraud although there has been no evidence of that happening in Wisconsin. Democrats and others argue that many voters, particularly the elderly and disabled, have difficulty returning their ballots without the assistance of others.

Supporters argue drop boxes are a better option than mailing ballots because they go directly to the clerks and can’t be lost or delayed in transit.

The decision sets absentee ballot rules for the Aug. 9 primary and the fall election; Republican U.S. Sen. Ron Johnson and Democratic Gov. Tony Evers are seeking reelection in key races.

Johnson and other Republicans hailed it as a win for voter integrity.

“This decision is a big step in the right direction,” Johnson said.

Evers and other Democrats said the ruling will make it more difficult for people to vote.

“It’s a slap in the face of democracy itself,” said Democratic Party Chairman Ben Wikler.

The court’s 4-3 ruling also has critical implications in the 2024 presidential race, in which Wisconsin will again be among a handful of battleground states. President Joe Biden defeated Donald Trump in 2020 by just under 21,000 votes, four years after Trump narrowly won the state by a similar margin.


Construction to begin on roadway, but legal fight remains
Court News | 2022/06/20 12:42
Construction is scheduled to begin this week on a long-planned road project in the south end of Burlington, Mayor Miro Weinberger said.

The comments came after a federal judge lifted an order that blocked work on the first phase of what is known as the Champlain Parkway.

The first phase of construction will include tree removal and work to protect a brook running through the area.

Opponents say the project does not match current transportation needs and will harm residents in one of the city’s poorest neighborhoods.

In the Friday order, U.S. District Court Judge Geoffrey Crawford said beginning construction of the parkway would not cause irreparable harm to those who oppose the project and there will be time to address in court those underlying issues.

The Champlain Parkway is designed to be a two-lane road that will eventually connect Interstate 189 with downtown Burlington.

The $45 million, two-mile (three-kilometer) project is designed to improve traffic circulation, alleviate overburdened roadways, protect Lake Champlain through enhanced storm water management, and improve vehicular, bike, and pedestrian safety.


Man denies kidnapping charge in alleged murder-for-hire plot
Court News | 2022/06/03 09:24
A Colorado man pleaded not guilty Thursday in federal court in Vermont to kidnapping a man who was later found shot to death in a snowbank in 2018 in what prosecutors allege is a murder-for-hire case stemming from a financial dispute.

Federal prosecutors say they believe Jerry Banks, 34, of Fort Garland, Colorado, killed Gregory Davis, 49, of Danville, Vermont, but he has not been charged in the killing. U.S. District Judge Geoffrey Crawford ordered Banks to remain detained until trial, noting the prosecutors’ concerns about his risk of flight and safety risk to potential witnesses.

“Someone who would kill for money would likely kill or improperly influence a witness or otherwise seek to influence the course of a trial that would result in his life in prison,” Paul Van de Graaf and Jonathan Ophardt, assistant U.S. attorneys for Vermont, wrote in their detention request. They said Banks has a history of living “off the grid” and no strong connection to Vermont or anywhere else in the country.

Banks’ federal public defender, Mary Nerino, did not contest detention and would not comment on the charges after the arraignment.

Davis was abducted from his Danville, Vermont, home on Jan. 6, 2018, and found shot to death the next day in a snowbank on a back road in Barnet.

Prosecutors detailed the alleged conspiracy in a filing Monday in federal court in Las Vegas. They wrote that Davis had been threatening to go to the FBI with information that Serhat Gumrukcu, 39, an inventor and the co-founder of a Los Angeles-based biotechnology company, was defrauding Davis in a multimillion-dollar oil deal Gumrukcu and Gumrukcu’s brother had entered into with Davis in 2015.

Gurumkcu was facing felony fraud charges in California in 2017 and was working on a deal that came together soon after Davis’ death that gave him significant ownership stake in Enochian Bioscience.


Kansas Supreme Court upholds Republican congressional map
Court News | 2022/05/18 12:33
Kansas’ highest court on Wednesday upheld a Republican redistricting law that makes it harder for the only Democrat in the state’s congressional delegation to win reelection in a big victory for the GOP.

The state Supreme Court declined for now to declare that overly partisan gerrymandering violates the Kansas Constitution. The ruling sets district boundaries less than a month before the state’s June 10 filing deadline for congressional candidates.

The court’s opinion was two paragraphs long, saying only that the voters and voting rights group challenging the map “have not prevailed on their claims” that the map violated the state constitution and that a full opinion would come later.

The brief decision was written by Justice Caleb Stegall, who is seen as the most conservative of the court’s seven justices, five of whom were appointed by Democratic governors. During arguments from attorneys on Monday, he questioned whether anyone could clearly define improper partisan gerrymandering.

Lawsuits over new congressional district lines have proliferated across the U.S., with Republicans looking to recapture a U.S. House majority in this year’s midterm elections. Congressional maps in at least 17 states have inspired lawsuits, according to the nonpartisan Brennan Center for Justice.

In the past, congressional district lines have been reviewed by federal judges and not the state Supreme Court. The conservative-leaning U.S. Supreme Court ruled in a 5-4 decision in 2019 that complaints about partisan gerrymandering are political issues and not for the federal courts to resolve.

The state’s Republican-appointed solicitor general argued in defending the GOP-drawn map that because the state constitution doesn’t specifically mention gerrymandering or congressional redistricting, the Kansas Supreme Court should reject the legal challenges. He and other state officials said that the justices had no guidance on how to define improper political gerrymandering.


Connecticut Senate OKs bill that protects abortion providers
Court News | 2022/05/02 14:29
The Connecticut Senate gave final legislative approval shortly before midnight Friday to a bill abortion rights advocates contend is needed to protect in-state medical providers from legal action stemming from out-of-state laws, as well as the patients who travel to Connecticut to terminate a pregnancy and those who help them.

Senate President Pro Tempore Martin Looney, D-New Haven, said lawmakers in Connecticut, a state with a long history of supporting abortion rights, needed to pass the legislation “in defense of our own values and our own legal system.” It comes after Texas enacted a law that authorizes lawsuits against clinics, doctors and others who perform or facilitate a banned abortion, even in another state.

The bill, which already cleared the House of Representatives earlier this month, passed in the Senate on a 25-9 vote. It now moves to Gov. Ned Lamont’s desk. The Democrat has said he will sign it.

Supporters voiced concern about the spate of new abortion restrictions being enacted in a growing number of conservative states and the possibility the U.S. Supreme Court may overturn or weaken Roe v. Wade, the landmark 1973 decision that established a nationwide right to abortion.


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