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Remanding to State Court an Emergency Election Case After the Federal Claim Is Withdrawn

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 25, 2023

Oliver v. Lewis (Lee H. Rosenthal, S.D. Tex. 4:12-cv-2568)
Defendants removed to federal court a state-court challenge to the disqualification of a primary-election victor for party disloyalty. Upon the plaintiffs’ agreement to dismissal of a federal constitutional claim by nonsuiting the voter plaintiffs, the district court remanded the case because of the early withdrawal of the federal claim and the complexity of the state claims.
Subject: Getting on the ballot. Topics: Matters for state courts; getting on the ballot; primary election.

One of many Case Studies in Emergency Election Litigation.