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Weekly Caselaw Updates

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Mohn v. Bucks Co. Republican Comm.

The Pennsylvania Supreme Court decided courts should stay out of this fray amongst local Republican party members. Appellant was a Republican committeeperson of Appellee, the Bucks County Republican Committee. After his election, the acting chairman of Appellee's Ethics Committee sent a letter to Appellant advising him that two people had…

Mohn v. Bucks Co. Republican Comm.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court decided courts should stay out of this fray amongst local Republican party members. Appellant was a Republican committeeperson of Appellee, the Bucks County Republican Committee. After his election, the acting chairman of Appellee’s Ethics Committee sent a letter to Appellant advising him that two people had lodged complaints against him. The… Continue reading Mohn v. Bucks Co. Republican Comm.

Linden Democratic Comm. v. City of Linden
New Jersey Appellate Division

The New Jersey Appellate Division reviewed an order of the Chancery Division, requiring that a particular person be seated immediately to fill a vacant city council position. The dispute arose over the interpretation of the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23. To resolve the conflict, the Appellate Division dove into the legislators’ intent in… Continue reading Linden Democratic Comm. v. City of Linden

In re Election for Atlantic Co. Freeholder District 3 2020 Gen. Election
New Jersey Appellate Division

Appellant appealed from a New Jersey Law Division order, which revoked her certificate of election for County Commissioner for the Third District in Atlantic County, declared a vacancy, and scheduled a special election for the position. The New Jersey Appellate Division affirmed and ruled that Appellant’s challenger met the burden of proof under N.J.S.A. 19:29-1(e)… Continue reading In re Election for Atlantic Co. Freeholder District 3 2020 Gen. Election

The New Jersey Appellate Division heard an appeal from an order of the Law Division denying a political candidate’s request for a recount. The Appellate Division ruled that “to secure a recount pursuant to N.J.S.A. 19:28-1, a candidate must present sufficient competent, credible evidence showing there is reason to believe an error was made in… Continue reading In re Fernandez

Bd. of Educ. of E. Newark v. Harris
New Jersey Appellate Division

The litigants in Bd. of Educ. of E. Newark v.  Harris could have used some help from the professional ghostwriters at Sullivan | Simon. On March 24, 2021, the lower court ordered East Newark’s Municipal Clerk to conduct an unscheduled election on April 20 and have the ballots printed by March 25. The New Jersey… Continue reading Bd. of Educ. of E. Newark v. Harris

In re Bolus was an appeal to the Pennsylvania Commonwealth Court from an order striking Bob Bolus from the ballot for election for mayor of Scranton. Mr. Bolus is no stranger to the courtroom, having made regular appearances as a criminal defendant and litigant trying to get his name on various ballots for Scranton mayor… Continue reading In re Bolus

In re The Nomination of Rania Major
Pennsylvania Supreme Court

In re The Nomination of Rania Major involved objections to Ms. Major’s nominating petition for Judge of the Municipal Court of Philadelphia County. 213 of the petition’s signature lines were challenged solely because the addresses of those 213 electors differed from their addresses as recorded in the SURE system. The Pennsylvania Commonwealth Court held that 25… Continue reading In re The Nomination of Rania Major

Fuhrman v. Mailander
New Jersey Appellate Division

In Fuhrman v. Mailander, the New Jersey Appellate Division reviewed a challenge under the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210, commonly known as the Faulkner Act. To save money, a committee of residents of Ridgewood, New Jersey, sought to have an initiative put on the ballot to move the Board of Education village… Continue reading Fuhrman v. Mailander

United States v. Smuckler
3rd Circuit

In United States v. Smuckler, the Third Circuit was tasked with defining “willfully” in the context of the defendant’s convictions for violations of campaign finance laws. After a high-profile prosecution and trial, a jury convicted the defendant of nine counts of violating various election law offenses. At trial, the District Court instructed the jury that… Continue reading United States v. Smuckler

Hon. Mike Kelly v. PA
Pennsylvania Supreme Court

In Hon. Mike Kelly v. PA, the Pennsylvania Supreme Court granted the application for extraordinary jurisdiction filed by the Commonwealth, vacated the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and, because the constitutional challenge was not timely, dismissed with… Continue reading Hon. Mike Kelly v. PA