Board of County Commissioners v. Duran (1:14-cv-844) and New Mexico ex rel. Salazar v. Duran (1:14-cv-848) (Karen B. Molzen, D.N.M.)
A state’s secretary of state removed two actions to federal court that challenged her refusal to put nonbinding ballot questions on two counties’ ballots, citing federal requirements that she transmit absentee ballots to overseas voters imminently. The parties consented to a magistrate judge’s presiding over the cases, and the judge determined that she did not have federal jurisdiction over the cases, applying the well-pleaded complaint rule. The state court ruled promptly against the secretary of state.
Subject: Ballot measures. Topics: Getting on the ballot; ballot measure; absentee ballots; case assignment; matters for state courts; Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

One of many Case Studies in Emergency Election Litigation.