Showing posts with label Election Campaigns. Show all posts
Showing posts with label Election Campaigns. Show all posts

Thursday, January 25, 2024

Arkansas AG Certifies Abortion Amendment Proposal; Signature Collection May Begin

After rejecting two prior proposals as being unclear or misleading (1 , 2 ) on Tuesday, Arkansas Attorney General Tim Griffin certified the popular name and ballot title for a proposed constitutional amendment that, if adopted by voters, will liberalize abortion rules in Arkansas.  The ballot proposal describes the changes as follows in part:

... [T]his amendment changes Arkansas law by amending the Arkansas Constitution to provide that the government of the State of Arkansas, its officers, or its political subdivisions shall not prohibit, penalize, delay, or restrict abortion services (1) in cases of rape, (2) in cases of incest, (3) in the event of a fatal fetal anomaly, or (4) when, in a physician’s good-faith medical judgment, abortion services are needed to protect a pregnant female’s life or to protect a pregnant female from a physical disorder, physical illness, or physical injury; to provide that the government of the State of Arkansas, its officers, or its political subdivisions shall not prohibit, penalize, delay, or restrict abortion services within 18 weeks of fertilization....

As reported by the Arkansas Democrat Gazette, the Attorney General's approval allows proponents to begin to collect 90,704 signatures needed to get the proposal on the November 2024 ballot.

Tuesday, January 23, 2024

Montana AG Says Abortion Rights Initiative Cannot Go on Ballot

In a Memorandum dated January 16, Montana's Attorney General has ruled that proponents of an abortion rights amendment to the Montana Constitution may not begin to collect signatures to get the proposal on the ballot because the proposal is legally insufficient. (Full text of AG's ruling.) Montana's Supreme Court in Armstrong v. State (1999) has previously held that the state Constitution's privacy provisions protect the right to pre-viability abortion. The proposed Amendment as summarized by the Secretary of State would explicitly protect that right, would assure the right to abortion even post-viability when necessary to protect the pregnant person's life or health, and would prohibit the state from taking adverse action against patients, healthcare providers or anyone assisting someone in obtaining reproductive care. The Attorney General's Memorandum concludes that the proposed Amendment "logrolls multiple distinct political choices into a single initiative," in violation of the separate-vote provision of the state Constitution. Montana Free Press reporting on the Attorney General's action, says that Amendment proponents plan to challenge the Attorney General's action in court. [Thanks to Thomas Rutledge for the lead.]

Friday, November 24, 2023

Court Disqualifies Proposed Nevada Reproductive Freedom Amendment From 2024 Ballot

In Washington v. Aguilar, (NV Dist. Ct., Nov. 21, 2023), a Nevada state trial court held that an Initiative Petition proposing a Reproductive Freedom Constitutional Amendment could not be placed on the 2024 ballot. The court held that the initiative proposal violates the single subject rule, contains a misleading description of the Amendment's effect and contains an unfunded mandate.  The court said in part:

This Court agrees with Plaintiffs that the Petition embraces a multitude of subjects that amount to logrolling. Subsection 1, alone, embraces the following subjects: prenatal care, childbirth, postpartum care, birth control, vasectomy, tubal ligation, abortion, abortion care, management of a miscarriage, and infertility care. Subsection 1 purportedly creates a “fundamental right to reproductive freedom,” but there is no limiting language in that section to circumscribe that right such that the section embraces a single and articulable subject....

The court found the description of the Amendment misleading because "it fails to mention that the law will bar the State from prosecuting, fining, or regulating any miscarriage or stillbirth"; it fails to mention that a medical provider can order a late term abortion to protect the pregnant person's health.; and it fails to explain that it affects equality and equal protection.

Finally, the court found that the proposed Amendment creates an unfunded mandate because a Panel or Board would need to be created to determine whether a healthcare provider acted within the standard of care.

Nevada Independent reports on the decision.

Wednesday, November 15, 2023

New Jersey Will Allow Candidates To File With Secular Alternative To Oath of Allegiance

As previously reported, in early October a suit was filed in a New Jersey federal district court challenging the New Jersey requirement that candidates filing to run for public office sign an Oath of Allegiance that ends with the phrase "so help me God." In response to this lawsuit, on Oct. 24 the Acting Director of the New Jersey Division of Elections circulated a Memo (full text) to County Clerks stating that now candidates have the option of filing a solemn affirmation or declaration in lieu of an oath, and when that option is chosen, the words "so help me God" are to be omitted. This led the Freedom from Religion Foundation which is counsel for plaintiffs in the October lawsuit to file for voluntary dismissal of the suit.  New Jersey Monitor reports on these developments.

Thursday, November 02, 2023

Missouri Appeals Court Finds Secretary of State's Ballot Summary of Abortion Rights Initiatives Unfair

In Fitz-James v. Ashcroft, (MO App., Oct. 31, 2023), a Missouri state appeals court agreed with a trial court that ballot summaries prepared by the Secretary of State for six different abortion rights initiative proposals were insufficient and unfair.  Three of the offending summaries read as follows:

Do you want the Missouri Constitution to:

• allow for dangerous, unregulated, and unrestricted abortions, from conception to live birth, without requiring a medical license or potentially being subject to medical malpractice;

• nullify longstanding Missouri law protecting the right to life, including but not limited to partial-birth abortion;

• allow for laws to be enacted regulating abortion procedures after Fetal Viability, while guaranteeing the right of any woman, including a minor, to end the life of their unborn child at any time; and 

• require the government not to discriminate against persons providing or obtaining an abortion, potentially including tax-payer funding.

The appeals court, with a few modifications, accepted the trial court's rewritten versions of the ballot summaries. For example, the appeals court prescribed the following rewrite for one of the proposals:

Do you want to amend the Missouri Constitution to:

• establish a right to make decisions about reproductive health care, including abortion and contraceptives, with any governmental interference of that right presumed invalid;

• remove Missouri’s ban on abortion;

• allow regulation of reproductive health care to improve or maintain the health of the patient;

• require the government not to discriminate, in government programs, funding, and other activities, against persons providing or obtaining reproductive health care; and

• allow abortion to be restricted or banned after Fetal Viability except to protect the life or health of the woman?

The Secretary of State issued a press release criticizing the decision and saying that he plans to appeal it.  AP reports on the decision. (See prior related posting.) [Thanks to Thomas Rutledge for the lead.]

Thursday, September 21, 2023

Ohio Supreme Court Upholds Most of Ballot Board's Description of Reproductive Rights Initiative

In State ex. rel. Ohioans United for Reproductive Rights v. Ohio Ballot Board, (OH Sup. Ct., Sept. 19, 2023), the Ohio Supreme Court, in a per curiam opinion concurred in fully by Justice Fischer and (with a short opinion) by Donnelly, upheld most of the ballot language drafted by the Ohio Ballot Board to describe a Reproductive Freedom initiative that will be on the November ballot.  The Board substituted its description for the proponent's request that the full text of the amendment appear on the ballot. (See prior related posting.) The majority of the Court disapproved only the Ballot Board's substitution of "citizens of the State of Ohio" for the term "State" used in the proposed amendment.  One of the Ballot Board's changes approved by the majority was its substitution of the term "unborn child" for the term "fetus" in the text of the proposed amendment.  The majority said in part:

According to relators, “[o]ne’s judgment about the developmental stage at which the ethical status of ‘unborn child’ attaches has obvious implications for whether and how one believes abortion should be regulated.” Relators argue that the terms “fetus” or “fetal viability,” which appear in the proposed amendment’s text, are scientifically accurate and do not carry the same moral judgment as “unborn child.”

We reject relators’ argument. Importantly, relators do not argue that the term “unborn child” is factually inaccurate. To the contrary, their argument asserts that “unborn child” is a divisive term that elicits a moral judgment whereas the terms “fetus” and “fetal viability” are more neutral and scientific. But this argument does not establish that the ballot board’s language constitutes improper persuasion.

Justice Stewart and Justice Brunner each filed an opinion finding all of the Ballot Board's language unacceptable. Justice Brunner said in part:

A majority of respondent Ohio Ballot Board’s members ... obfuscated the actual language of the proposed state constitutional amendment by substituting their own language and creating out of whole cloth a veil of deceit and bias in their desire to impose their views on Ohio voters about what they think is the substance of the proposed amendment. And they did this by completely recrafting simple and straightforward amendment language into a version that contains more words than the amendment itself. The evidence in the record makes clear that it was their intent to use their positions on the board to influence the outcome of the election with the ballot language the board certified for the proposed amendment.

Justice Deters, in an opinion concurred in by Chief Justice Kennedy and Justice DeWine, concluded that they would have upheld all of the Ballot Board's language, saying that it "does not mislead, deceive, or defraud voters."

NBC News reports on the decision.

Friday, September 01, 2023

Reproductive Rights Proponents Sue Ohio Ballot Board Over Ballot Language

On Monday, a suit seeking a writ of mandamus was filed in the Ohio Supreme Court by backers of Issue 1, "Right to Reproductive Freedom with Protections for Health and Safety." The suit challenges the Ohio Ballot Board's revised language describing the state constitutional amendment that will be on the November ballot in the state. (See prior posting.) Instead of placing the text of the proposed Amendment on ballots, the Ballot Board drafted new language which plaintiffs say misrepresents the proposed amendment. The complaint (full text) in State of Ohio ex rel. Ohioans United for Reproductive Rights v. Ohio Ballot Board, (OH Sup. Ct. filed 8/28/2023), alleges in part:

Article XVI of the Ohio Constitution requires the Ohio Ballot Board to prescribe ballot language for the Amendment that “properly identif[ies] the substance of the proposal to be voted upon” and does not “mislead, deceive, or defraud” voters. The language the Ballot Board adopted at its August 24, 2023, meeting flouts those requirements and aims improperly to mislead Ohioans and persuade them to oppose the Amendment. Accordingly, Relators request that the Court issue a writ of mandamus directing the Ballot Board to reconvene and adopt the full text of the Amendment as the ballot language. That remedy is appropriate because the Ballot Board’s prescribed language is irreparably flawed. In the alternative, Relators request that the Court issue a writ of mandamus directing the Ballot Board to reconvene and adopt ballot language that properly and lawfully describes the Amendment, correcting the numerous defects in the existing language....

CBS News reports on the lawsuit.

Monday, August 28, 2023

Now Ohio Ballot Language On Abortion Rights Is The Issue

As reported by the Statehouse News Bureau, proponents of a reproductive rights amendment to the Ohio Constitution which will be voted on in November are considering a lawsuit against the Ohio Ballot Board which rejected the language proponents asked to be used on the ballot that voters will see. The Board replaced proponents' language with language drafted by Ohio's Secretary of State who is an abortion opponent. Proponents' Initiative Petition asked for the full 250-word text of the proposed Amendment to appear on the ballot.  Secretary of State Frank LaRose, saying that this was too long, instead drafted a 203-word Summary which uses the term "unborn child" four times in describing the effect of the proposed Amendment.

Thursday, November 10, 2022

Results From Election Day on Ballot Issues of Interest

Here are Tuesday's vote results for the ten ballot issues of interest to those following law and religion developments.  More details and updated information are available at Ballotpedia.

Arkansas Issue 3: Constitutional amendment that would provide "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability." Losing 49.56%- 50.44% with 97% of precincts reporting.

California Proposition 1: Right to Reproductive Freedom Amendment. Passed 65%- 35%.

Colorado Amendment F: Constitutional amendment to allow operators of charitable gaming activities to be paid and authorize the legislature to determine how long an organization must exist to obtain a charitable gaming license. Defeated 39%- 61%.

Kentucky Constitutional Amendment 2:  Amendment to the Kentucky Constitution to provide that nothing in the state constitution creates a right to abortion or requires government funding for abortion. Defeated 48%- 52%.

Michigan Proposal 3: Constitutional amendment to provide a right to reproductive freedom. Passed 57%- 43%

Montana LR-131: Referendum on statute that states infants born alive at any stage of development are legal persons, and requires medical care for infants born alive after an induced labor, cesarean section, or attempted abortion. Losing 48%- 52% with 85% of precincts reporting.

Nevada Question 1: Constitutional amendment to prohibit the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin. Winning 57%- 43% with 77% of precincts reporting.

Tennessee Constitutional Amendment 4: Amendment to repeal section of the Tennessee Constitution that disqualifies religious ministers from being elected to the state General Assembly. Passed 63%- 37%.

Vermont Proposal 5: Constitution amendment that would protect the right to personal reproductive autonomy and prohibit government infringement unless justified by a compelling state interest. Passed 77%- 23%.

West Virginia Amendment 3: Amendment to remove the state constitution's prohibition on incorporating religious denominations and churches and to authorize the state legislature to pass laws providing for such incorporations. Defeated 45%- 55%.

Tuesday, November 08, 2022

Student Statement Opposing Reproductive Rights Issue Must Be Read During School Announcements

 In Nielson v. Ann Arbor Public Schools, (ED MI, Nov. 4, 2022), a Michigan federal district court issued a temporary restraining order requiring a public high school to read an announcement from the school's Republican Club in opposition to the Reproductive Rights constitutional amendment on the Nov. 8 ballot.  The school contended that reading it would violate the Michigan Campaign Finance Act which bars the school from advocating for ballot issues.  However, the school was permitting students who favor the ballot proposal to take part in a walkout sponsored by the National Organization for Women.  The court said in part:

Plaintiffs have shown a likelihood of success on the merits of their First Amendment claim....

The Court finds that Defendants seek to silence Plaintiffs’ appropriate speech as to Proposal 3 by refusing to broadcast it with their morning announcements, while permitting students in favor of Proposal 3 to cut classes, and to demonstrate on school property in favor of Proposal 3.

Thomas More Law Center issued a press release announcing the decision (with links to pleadings in the case as well).

Ten Issues of Interest Are on Today's Ballots Across the Country

Today voters in ten states will be voting on ballot measures that relate to religious institutions, reproductive rights, clergy, religious freedom or religious and LGBTQ discrimination.  Here are summaries of each measure with links to fuller explanations on Ballotpedia:

Arkansas Issue 3: Constitutional amendment that would provide "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability."

California Proposition 1: Right to Reproductive Freedom Amendment.

Colorado Amendment F: Constitutional amendment to allow operators of charitable gaming activities to be paid and authorize the legislature to determine how long an organization must exist to obtain a charitable gaming license.

Kentucky Constitutional Amendment 2:  Amendment to the Kentucky Constitution to provide that nothing in the state constitution creates a right to abortion or requires government funding for abortion.

Michigan Proposal 3: Constitutional amendment to provide a right to reproductive freedom.

Montana LR-131: Referendum on statute that states infants born alive at any stage of development are legal persons, and requires medical care for infants born alive after an induced labor, cesarean section, or attempted abortion.

Nevada Question 1: Constitutional amendment to prohibit the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.

Tennessee Constitutional Amendment 4: Amendment to repeal section of the Tennessee Constitution that disqualifies religious ministers from being elected to the state General Assembly.

Vermont Proposal 5: Constitution amendment that would protect the right to personal reproductive autonomy and prohibit government infringement unless justified by a compelling state interest.

West Virginia Amendment 3: Amendment to remove the state constitution's prohibition on incorporating religious denominations and churches and to authorize the state legislature to pass laws providing for such incorporations.

Thursday, September 08, 2022

Michigan Supreme Court Says Abortion Rights Proposal Must Go On November Ballot

In Reproductive Freedom For All v. Board of State Canvassers, (MI Sup. Ct., Sept. 8, 2022), the Michigan Supreme Court in a per curiam Order of Mandamus directed the Board of State Canvassers to certify the proposed Reproductive Freedom For All state constitutional amendment for placement on the November 8 election ballot. The Board of State Canvassers had deadlocked 2-2 along party lines with those voting against approval citing a typographical problem that led to several words being run together at places in the text of the proposed amendment as set out in the petitions that were circulated. (See prior posting.) In its Order, adopted by a 5-2 vote, the Court said in part:

It is undisputed that there are sufficient signatures to warrant certification. The only challenge to the petition is in regard to whether there is sufficient space between certain words of the text of the proposed amendment. MCL 168.482(3) requires only that “[t]he full text of the amendment so proposed must follow the summary and be printed in 8-point type.” The “full text” of the amendment is present: regardless of the existence or extent of the spacing, all of the words remain and they remain in the same order, and it is not disputed that they are printed in 8-point type. In this case, the meaning of the words has not changed by the alleged insufficient spacing between them.

Chief Justice McCormack filed a concurring opinion, saying in part:

[Two members of the Board of State Canvassers] would disenfranchise millions of Michiganders not because they believe the many thousands of Michiganders who signed the proposal were confused by it, but because they think they have identified a technicality that allows them to do so, a game of gotcha gone very bad. 

Justice Bernstein also filed a concurring opinion.  Justice Zahra filed a dissenting opinion, saying in part:

[T]he Court, under the pressure to decide the question forthwith in order to ensure timely production of the ballots, has decided to grant mandamus without oral argument. While I would prefer to engage in oral argument before deciding this issue, pressed for a ruling, I must conclude that plaintiffs have not met their burden of establishing a clear legal right to a writ of mandamus.

Justice Viviano filed a 14-page dissenting opinion, saying in part:

For well over a thousand years, we have conveyed thought and meaning by using spaces between words.... It was not always so. Ancient text employed scriptura continua, in which words were uninterrupted by word spaces.... But the objectives of reading in ancient times were different, with the focus being on memorization useful to an oral rather than a text-based culture....

If the full-text requirement is subject to an analysis that asks whether the meaning has sufficiently changed or become ambiguous enough to potentially mislead,... then presumably the determination of whether the full text is present involves at least some discretion. That is, a factual determination concerning the extent of the error and its probable effects must be made by the board. But if so, then it is hard to see how this decision can be characterized as ministerial and thus subject to mandamus.

NPR reports on the decision. 

Wednesday, September 07, 2022

Michigan Supreme Court To Decide Whether Abortion Rights Proposal Will Be On November Ballot

 As previously reported, backers of a proposed abortion rights amendment to the Michigan Constitution are appealing to the Michigan Supreme Court the refusal of the Board of State Canvassers to certify the proposal for the ballot.  Republicans on the Board created a deadlocked vote, contending that kerning of the text that ran some words together invalidated the petitions that were submitted. The complaint (full text) in Reproductive Freedom for All v. Board of State Canvassers, (MI Sup. Ct., filed 9/1/2022) is now available online, as are some of the amicus briefs filed in the case. Here are links to briefs from Michigan Attorney General Dana Nessel, from seven county Prosecuting Attorneys, and from a coalition of advocacy and religious groups. Bridge Michigan reports on these developments.

Friday, June 18, 2021

Christian Organization Appeals IRS Denial of Non-Profit Status

In a determination letter (full text) issued May 18, 2021, the Internal Revenue Service preliminarily concluded that it should deny a Section 501(c)(3) non-profit exemption to Christians Engaged because the religious organization "plans to participate ... in political campaigns on behalf of or in opposition to candidates for public office." The letter continues:

You instruct individuals on issues that are prominent in political campaigns and instruct them in what the Bible says about the issue and how they should vote. These issues include the sanctity of life, the definition of marriage, and biblical justice. These issues generally distinguish candidates and are associated with political platforms. These facts preclude you from exemption under IRC Section 501(c)(3).

... While you educate voters on what the bible says about issues, your educational activities are not neutral. The topics typically are affiliated with distinct candidates and specific political platforms.

First Liberty, on behalf of Christians Engaged, has filed an appeal with the IRS. (Full text of letter dated June 16, 2021). It contends:

... [B]y finding that Christians Engaged does not meet the operational test, Director Martin errs in three ways: 1) he invents a nonexistent requirement that exempt organizations be neutral on public policy issues; 2) he incorrectly concludes that Christians Engaged primarily serves private, nonexempt purposes rather than public, exempt purposes because he thinks its beliefs overlap with the Republican Party’s policy positions; and 3) he violates the First Amendment’s Free Speech, and Free Exercise, and Establishment clauses by engaging in both viewpoint discrimination and religious discrimination.

UPDATE: On July 7, First Liberty announced that the IRS had granted Christians Engaged tax exempt status.

 

Monday, April 26, 2021

Virginia GOP Rejects Rule Change To Allow Absentee Voting For Religious Reasons In Upcoming Saturday Convention

Washington Post reports that in a vote last Thursday, Virginia's Republican State Central Committee refused to amend its rules to allow observant Jews and others with religious objections to vote absentee in the upcoming Saturday, May 8, nominating convention for governor and two other statewide offices.  While a narrow majority favored the change, rules required a 75% vote to change party rules. Those who opposed the change said that the issue was raised too close to the election date. The request was made in a letter from four rabbis earlier this month. The absentee option is already available for active-duty military. [Thanks to Scott Mange for the lead.]

Monday, November 02, 2020

Ballot Measures To Watch In Tomorrow's Election

While national attention on tomorrow's election has been focused on the Presidential and Congressional races, individuals in several states will be voting on ballot measures that impact churches, relate to law and religion or deal with religiously sensitive topics. Here are the ballot measures to watch:

  • Alabama: Amendment 5, "Stand Your Ground" Rights in Franklin County Churches Measure. Amendment 6, "Stand Your Ground" Rights in Lauderdale County Churches Measure.
  • California: Proposition 14, Stem Cell Research Institute Bond Initiative.
  • Colorado: Proposition 115, 22-Week Abortion Ban Initiative.
  • Colorado: Amendment C, Charitable Bingo and Raffles Amendment.
  • Georgia: Amendment 2, Allow Residents to Seek Declaratory Relief from Certain Laws Amendment.
  • Louisiana: Amendment 1, No Right to Abortion in Constitution Amendment.
  • Mississippi: Ballot Measure 3, State Flag Referendum.
  • Nevada: Question 2, Marriage Regardless of Gender Amendment.
  • Washington: Referendum 90, Sex Education in Public Schools Measure.

Wednesday, October 28, 2020

Religious Affiliation of 2020 Electorate Reviewed

The Pew Research Center this week published an overview of the characteristics of the 2020 electorate. It had this to say about the religious affiliation of registered voters in the U.S.:

Christians account for the majority of registered voters in the U.S. (64%). But this figure is down from 79% as recently as 2008. The share of voters who identify as religiously unaffiliated has nearly doubled during that span, from 15% to 28%.

The share of White Christians in the electorate, in particular, has decreased in recent years. White evangelical Protestants account for 18% of registered voters today, down from 21% in 2008. During the same period, the share of voters who are White non-evangelical Protestants fell from 19% to 13%, while the share of White Catholics fell from 17% to 12%.

Around eight-in-ten Republican registered voters (79%) are Christians, compared with about half (52%) of Democratic voters. In turn, Democratic voters are much more likely than GOP voters to identify as religiously unaffiliated (38% vs. 15%).

Wednesday, August 07, 2019

Israel's Election Laws Require Advertising Companies to Sell Space For Objectionable Ads

In Israel yesterday, the Central Elections Committee, the body within the Knesset that enforces election laws, ruled that two major advertising companies in Israel cannot refuse to sell advertising space to Noam-- a far-right religious conservative party known for its opposition to gay rights.  As reported by the Times of Israel, the advertising companies-- which control large amounts of the billboard and bus advertising space-- objected to ads targeting gays and Reform Jews.  The ads read:
[Gay] pride and the buying of children, or having my son marry a woman – Israel chooses to be normal.
Reform [Judaism] or my grandson remains Jewish – Israel chooses to be normal.
Israel's 1959 Election Law (Publicizing Methods) prohibit companies selling election advertising from discriminating between political parties in any way. The Elections Committee's decision was handed down by Supreme Court Justice Neal Hendel.

Friday, July 26, 2019

Canadian Court Orders Reconsideration of Election Date That Conflicts With Jewish Holiday

In Aryeh-Bain v. Canada (Attorney General), (Canada Fed. Ct., July 23, 2019), a judge of Canada's Federal Court ordered Canada's Chief Electoral Officer to reconsider his decision that refused to reschedule the October 21 Canadian federal election that conflicts with the Jewish holiday of Shemini Atzeret.  According to the court:
If the election is held on Shemini Atzeret, Ms. Aryeh-Bain, who is a candidate for the Conservative Party in her riding, must refrain from voting and campaigning during that period. Similarly, Mr. Walfish and other Orthodox Jewish voters (estimated to be 75,000 nationwide) will be unable to vote on election day or otherwise be involved in the election on that day.
In addition to polling day being on Shemini Atzeret, two of the advanced polling days  conflict with either the Sabbath (October 12) or the festival of Sukkot (October 14), both of which are also Jewish holidays. The last day to obtain a special ballot (October 15) also falls on Sukkot.
The court held that administrative decision makers are required to balance rights under the Charter of Rights and Freedoms with statutory objectives when making administrative decisions. It went on:
The record does not indicate how or if the CEO “balanced” these considerations against the Charter values of Orthodox Jewish voters and candidates to ensure their rights to “meaningful participation” are respected.  The CEO’s efforts were focused on advance polling and special ballot options.  No consideration appears to have been given to recommending a date change.
Canadian Press reports on the decision.

Saturday, June 15, 2019

Suit In Canada Seeks To Move Election Day To Avoid Jewish Holiday

A lawsuit was filed last week in federal court in Canada seeking to move the upcoming federal election from Oct. 21 to Oct. 28.  According to Vos Iz Neias:
Shemini Atzeret comes out this year on Election Day, Oct. 21, which would prevent observant Jews from casting their ballots. Of the four advance polling days, three are on other Jewish holidays or Shabbat....
Chani Aryeh-Bain, the Conservative Party candidate for the Toronto-area district of Eglington-Lawrence, and voter Ira Walfish of York Centre, also a Toronto-area district, filed the suit claiming that the election date discriminates against observant Canadian Jews.
Aryeh-Bain is an observant Jew and therefore would not be able to campaign on Election Day, the lawsuit says....
[Thanks to Steven H Sholk for the lead.]