Romanian court orders a recount of presidential election first round

Legal Insight 2024/11/28 11:20   Bookmark and Share
A top Romanian court on Thursday asked the official electoral authority to recount and verify all of the ballots cast in the first round of the presidential election, which was won by a far-right outsider candidate, sending shockwaves through the political establishment.

The Constitutional Court in Bucharest approved the recounting of the more than 9.4 million ballots, and said its decision was final. The Central Election Bureau is expected to meet on Thursday afternoon to discuss the request.

Calin Georgescu, a little-known, far-right populist and independent candidate, won the first round, beating the incumbent prime minister. Georgescu was due to face reformist Elena Lasconi, the leader of the Save Romania Union party, in a Dec. 8. runoff.

Georgescu’s unexpected success has prompted nightly protests by people concerned with previous remarks he made in praising Romanian fascist and nationalist leaders and Russian President Vladimir Putin, and believe he poses a threat to democracy.

Without naming Georgescu, Romanian President Klaus Iohannis’ office said following a Supreme Council of National Defense meeting in Bucharest on Thursday that an analysis of documents revealed that “a presidential candidate benefited from massive exposure due to preferential treatment granted by the TikTok platform.”

Earlier this week, Romania’s National Audiovisual Council asked the European Commission to investigate TikTok’s role in the Nov. 24 vote. Pavel Popescu, the vice president of Romania’s media regulator Ancom, said he would request TikTok’s suspension in Romania if investigations find evidence of “manipulation of the electoral process.”

The vote recount was prompted by a complaint made by Cristian Terhes, a former presidential candidate of the Romanian National Conservative Party who garnered 1% of the vote. Terhes alleged that Lasconi’s party had urged people to vote before some diaspora polls had closed on Sunday, saying it violated electoral laws against campaign activities on polling day.

After Thursday’s court ruling, Terhes’ press office posted on Facebook that the court ordered the recount “due to indications of fraud,” and alleged that valid votes cast for Ludovic Orban — who had dropped out of the race but remained on the ballot — had been reassigned to Lasconi.

It is the first time in Romania’s 35-year post-communist history that the country’s most powerful party, the Social Democratic Party, did not have a candidate in the second round of a presidential race. Prime Minister Marcel Ciolacu resigned as party leader after he narrowly lost to Lasconi by just 2,740 votes.
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Judge blocks Louisiana law requiring the Ten Commandments in classrooms

Headline Legal News 2024/11/23 15:41   Bookmark and Share
Louisiana’s plan to make all of the state’s public school classrooms post the Ten Commandments next year remains on hold under an order Wednesday by a federal appeals court in New Orleans.

The 5th U.S. Circuit Court of Appeals rejected a state request to temporarily stay an earlier order by U.S. District Judge John deGravelles in Baton Rouge while litigation continues. Arguments before a 5th Circuit panel are scheduled for Jan. 23, meaning the judge’s order stays in effect well past the law’s Jan. 1 deadline to post the commandments.

The state contends that deGravelles’ order affects only the five school districts that are defendants in a legal challenge. But it’s unclear whether or how the law would be enforced in the state’s 67 other districts while the appeal progresses. Also, deGravelles ordered that all schools in every district be notified of his decision that the law is unconstitutional, a requirement maintained by Wednesday’s ruling.

“We’re pleased that the Court of Appeals left the district court’s injunction fully intact,” said Sam Grover, an attorney with the Freedom From Religion Foundation. “As the district court ruled, this law is unconstitutional on its face.”

State Attorney General Liz Murrill said in an emailed statement that her office would “continue to defend this clearly constitutional law.”

DeGravelles ruled that the law, passed by the GOP-dominated Legislature, was “overtly religious” and “unconstitutional on its face.” He also said it amounted to unconstitutional religious government coercion of students, who are legally required to attend school.

Republican Gov. Jeff Landry signed the bill into law in June, prompting a group of Louisiana public school parents of different faiths to sue. They argue the law violates the First Amendment’s provisions forbidding the government from establishing a religion or blocking the free exercise of it. They also say the proposed poster-sized display would isolate students, especially those who are not Christian. The parents further argue that the version of the Ten Commandments specified in the law is favored by many protestants and doesn’t match any version found in Jewish tradition.

Proponents say the Ten Commandments are not solely religious and have a historical significance to the foundation of U.S. law. Murrill, the Republican attorney general, has said she disagreed with deGravelles’ ruling and that the law is constitutional under Supreme Court precedents.

The state’s loss in court on Wednesday came after a partial victory last week, when a 5th Circuit panel temporarily blocked instructions in DeGravelles’ order that state education officials notify schools in all districts of his finding that the law is unconstitutional.
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PA high court orders counties not to count disputed ballots in US Senate race

Court News 2024/11/20 15:42   Bookmark and Share
Pennsylvania’s state Supreme Court on Monday weighed in on a flashpoint amid ongoing vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, ordering counties not to count mail-in ballots that lack a correct handwritten date on the return envelope.

The order is a win for McCormick and a loss for Casey as the campaigns prepare for a statewide recount and press counties for favorable ballot-counting decisions while election workers are sorting through thousands of provisional ballots.

McCormick’s campaign called it a “massive setback” for Casey.

The Democratic-majority high court’s order reiterates the position it took previously that the ballots shouldn’t be counted in the election, a decision that Republicans say several Democratic-controlled counties nevertheless challenged.

In a statement, Gov. Josh Shapiro, a Democrat, said a lack of legal clarity had surrounded the ballots, putting county officials in a position where they were “damned if they did and damned if they didn’t — likely facing legal action no matter which decision they made on counting.”

It comes amid a gust of fresh litigation in recent days filed by both campaigns, contesting the decisions of about a dozen counties over whether or not to count thousands of provisional ballots.

Casey’s campaign says the provisional ballots shouldn’t be rejected for garden-variety errors, like a polling place worker forgetting to sign it. Republicans say the law is clear that the ballots must be discarded.

The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.

As of Monday, McCormick led by about 17,000 votes out of almost 7 million ballots counted — inside the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.

Statewide, the number of mail-in ballots with wrong or missing dates on the return envelope could be in the thousands.

Republicans last week asked the court to bar counties from counting the ballots, saying those decisions violate both the court’s recent orders and its precedent in upholding the requirement in state law that a voter write the date on their mail-in ballot’s return envelope.
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Court overturns actor Jussie Smollett's 2019 conviction in hate crime hoax case

Court News 2024/11/17 15:44   Bookmark and Share
The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.

Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.

Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.

A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.

His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond. intervene after the Cook County state's attorney initially dropped charges.

The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.

Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.

Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.

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A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.

His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond.

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Tight US House races in California as GOP maintains control over the chamber

Legal Insight 2024/11/14 10:15   Bookmark and Share
Republicans and Democrats awaited the outcome of vote-counting for crucial U.S. House districts in California on Wednesday, as the GOP clinched majority control of the chamber next year with a race call in neighboring Arizona.

In a rematch from 2022, Rep. Ken Calvert — the longest-serving Republican in the state’s congressional delegation — defeated rival Democrat Will Rollins in the 41st District, which lies east of Los Angeles and was a top target for national Democrats.

In Southern California’s Orange County, Democrat Dave Min defeated Republican Scott Baugh in a closely divided swing district, ending Baugh’s bid to seize the seat being vacated by Democratic Rep. Katie Porter in what was once a conservative stronghold.

The 47th District, southeast of Los Angeles, was a top target for national Republicans looking to protect and possibly expand the their narrow majority.

Calvert, who was backed by President-elect Donald Trump, claimed his 17th term in a district narrowly carried by Trump in 2020.

“This is a hard-fought victory that shows voters want someone who will put results above partisan politics,” Calvert said in a post on the social platform X.

Min, also posting on X, said that in Congress he will “fight to protect our democracy, safeguard our freedoms and expand economic opportunity.”

Baugh said on the same platform that “despite running a strong campaign … that effort is going to come up a little short.”

On Tuesday, Republican Rep. David Valadao’s victory in California’s 22nd District moved Republicans within two wins of retaining the House gavel, with the tally 216-207 in favor of the GOP, as counting continued in a sliver of races across the country.

With Calvert’s win, the Republican tally reached 217. That became 218 on Wednesday night, securing a majority margin, as Rep. Juan Ciscomani won reelection to a seat representing southeastern Arizona. Some squeaker races remained in play in California.

In the 45th District, anchored in Orange County, Republican Rep. Michelle Steel’s lead over Democrat Derek Tran was whittled down to a few hundred votes as counting continued.

California is known as a liberal protectorate — Democrats hold every statewide office, dominate the Legislature and congressional delegation and outnumber registered Republicans by a staggering 2-1 ratio. Still, Republicans retain pockets of political clout in the Southern California suburbs and vast rural stretches, including the Central Valley farm belt.

Orange County was once considered conservative holy ground, where white, suburban homeowners delivered winning margins for Republicans year after year. It was a foundational block in the Reagan revolution. But the county has become more demographically diverse and Democratic over time, like much of the state.

The 47th District, which includes Huntington Beach and other famous surf breaks, has been occupied by Porter, a progressive favorite who in 2022 narrowly defeated Baugh, a former Republican legislator. Porter, known for grilling CEOs during Capitol Hill hearings, stepped aside to run for U.S. Senate, but lost in the primary.

Given the stakes in the closely divided district, the contest was especially rancorous. Min ads called Baugh a “MAGA extremist” who would endanger abortion rights. Baugh said Min’s “extreme liberal views” were out of step with the district.

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North Carolina Attorney General Josh Stein is elected as the state’s governor

Legal Insight 2024/11/11 10:15   Bookmark and Share
North Carolina Attorney General Josh Stein was elected governor on Tuesday, defeating Republican Lt. Gov. Mark Robinson and maintaining Democratic leadership of the chief executive’s office in a state where Republicans have recently controlled the legislature and appeals courts.

Stein, a Harvard-trained lawyer, former state senator and the state’s chief law enforcement officer since 2017, will succeed fellow Democrat Roy Cooper, who was term-limited from seeking reelection. He will be the state’s first Jewish governor. Robinson’s campaign was greatly hampered by a damning report in September that he had posted messages on an online pornography website, including that he was a “black NAZI.”

Democrats have held the governor’s mansion for all but four years since 1993, even as the GOP has held legislative majorities since 2011.

As with Cooper’s time in office, a key task for Stein likely will be to use his veto stamp to block what he considers extreme right-leaning policies. Cooper had mixed success on that front during his eight years as governor.

Otherwise, Stein’s campaign platform largely followed Cooper’s policy goals, including those to increase public school funding, promote clean energy and stop further abortion restrictions by Republicans.

Stein’s campaign dramatically outraised and outspent Robinson, who was seeking to become the state’s first Black governor.

For months Stein and his allies used television ads and social media to remind voters of previous inflammatory comments that Robinson had made about abortion, women and LGBTQ+ people that they said made him too extreme to lead a swing state.

“The people of North Carolina resoundingly embraced a vision that’s optimistic, forward-looking and welcoming, a vision that’s about creating opportunity for every North Carolinian,” Stein told supporters in his victory speech after Cooper introduced him. “We chose hope over hate, competence over chaos, decency over division. That’s who we are as North Carolinians.”

Robinson’s campaign descended into disarray in September when CNN reported that he made explicit racial and sexual posts on a pornography website’s message board more than a decade ago. In addition to the “black NAZI” comment, Robinson said he enjoyed transgender pornography and slammed the Rev. Martin Luther King Jr. as “worse than a maggot,” according to the report. Robinson denied writing the messages and sued CNN and an individual for defamation in October.

In the days following the report, most of Robinson’s top campaign staff quit, many fellow GOP elected officials and candidates — including presidential nominee Donald Trump — distanced themselves from his campaign and outside money supporting him on the airwaves dried up. The result: Stein spent millions on ads in the final weeks, while Robinson spent nothing.

Stein had a clear advantage among women, young and older voters, moderates and urban and suburban voters, according to AP VoteCast, an expansive survey of more than 3,600 voters in the state. White voters were about evenly divided between Stein and Robinson, while clear majorities of Black voters and Latino voters supported Stein.

Fifteen percent of those who voted for Trump also backed Stein for governor, while just 2% of those who cast ballots for Democratic presidential nominee and Vice President Kamala Harris backed Robinson.

Patrick Stemple, 33, a shipping coordinator attending a Trump rally last week in Greensboro, said he voted early for Trump but also chose Stein for governor.

Stemple mentioned both Stein’s ads talking about how he has fought illegal drug trafficking and his dislike for Robinson’s rhetoric. Stemple said the graphic language that CNN reported was used in Robinson’s posts reinforced his decision not to back Robinson.

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