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Case No. KP-0488
Regular Panel Decision
Mar 05, 2025

Untitled Texas Attorney General Opinion: KP-0488

Section 3 of Senate Bill 763 directs school boards and charter governing bodies to vote on whether to authorize employee or volunteer chaplains. The Attorney General clarifies that the term “chaplain” refers to an official, substantive position within the educational institution, implying specific chaplain-related support, services, and programs. Therefore, resolutions that acknowledge a policy’s silence on chaplains for “any position” or allow chaplains for “any open position” are noncompliant. Compliance requires a vote specifically authorizing hiring for “a school chaplain position,” aligning with the legislation’s intent for a designated role.

School LawChaplaincySenate Bill 763Texas Education CodeStatutory InterpretationSchool BoardsCharter SchoolsEmployee ChaplainsVolunteer ChaplainsReligious Services
References
18
Case No. MISSING
Regular Panel Decision

Blair v. Local 100 of the Transport Workers Union of America

This case involves an action brought by members of Local 100 of the Transport Workers Union to enjoin a ratification vote on a collective bargaining agreement and to direct its resubmission to the executive board. The dispute arose from a 22-22 tie vote by the executive board on a fact-finding panel's proposals to end an 11-day work stoppage, after which the president declared the strike terminated and the offer submitted for general membership ratification. Plaintiffs contended the president's actions violated union by-laws, particularly regarding the need for executive board approval and the president's voting conduct. The court found that the absent executive board member's absence was his own doing and that the by-laws do not preclude the chair's right to vote. The court also determined that the executive board's tie vote, coupled with the illegal nature of the strike under the Taylor Law, did not constitute a violation of by-laws preventing a membership vote. The court ultimately ruled in favor of the defendant union, dismissing the complaint.

Union disputeCollective bargaining agreementRatification voteExecutive boardTie voteUnion by-lawsStrike terminationTaylor LawInternal remediesPresident's authority
References
12
Case No. 13-07-00704-CV
Regular Panel Decision
Feb 07, 2008

Arturo Gonzalez, Jr. and Esperanza Ochoa v. Domingo Villarreal and Elma Garza

Appellants Arturo Gonzalez and Esperanza Ochoa appealed a trial court's order voiding an election and ordering a new one for the La Joya Independent School District board of trustees. The trial court found that illegal votes were counted, legal votes were not counted, and election officials engaged in fraud, illegal conduct, and mistakes, materially affecting the election outcome. Appellants argued the evidence was legally insufficient. The appellate court affirmed the trial court's judgment, finding sufficient evidence of 77 illegal votes and 436 unascertainable votes due to procedural errors, exceeding the 322 and 403 vote margins of victory. This rendered the true outcome of the election impossible to determine.

Election ContestVoter IrregularitiesElection FraudIllegal VotesVoter EligibilityElection Officials MisconductAbuse of DiscretionLegal Sufficiency ReviewClear and Convincing EvidenceTexas Election Code
References
22
Case No. 13-07704-CV
Regular Panel Decision
Jan 22, 2008

Gonzalez v. Villarreal

This case is an accelerated appeal concerning an election contest for the La Joya Independent School District board of trustees. Appellants, Arturo Gonzalez and Esperanza Ochoa, challenged the trial court's order voiding the election due to alleged irregularities and fraud. The trial court found clear and convincing evidence of illegal votes, failure to count legal votes, and misconduct by election judges, materially affecting the election outcome. The appellate court affirmed the trial court's decision, finding sufficient evidence that 77 illegal votes were cast and 436 votes were unascertainable due to election clerk mistakes, which exceeded the victory margins of 322 and 403 votes respectively. The appellate court found no abuse of discretion by the trial court in declaring the election void.

Election ContestVoter FraudElection IrregularitiesIllegal VotesVoting EligibilityElection OfficialsAbuse of DiscretionClear and Convincing EvidenceAppellate ReviewTrial Court Judgment
References
23
Case No. docket no. 1339
Regular Panel Decision
May 02, 2017

Perez v. Abbott

This Amended Order addresses Plaintiffs' claims against Texas's 2011 congressional redistricting plan (Plan C185), focusing on Voting Rights Act (§ 2) and Fourteenth Amendment violations. The Court found that the configurations of districts CD23, CD27, and CD35 in South/West Texas were invalid due to intentional vote dilution and Shaw-type racial gerrymandering. In the Dallas-Fort Worth (DFW) area, the Court also found intentional vote dilution through packing and cracking of minority voters, and a Shaw-type racial gerrymandering claim for CD26. However, claims for additional compact minority districts in DFW and Houston under § 2 results claims were denied, as were intentional vote dilution claims in the Houston area and claims from African-American Congresspersons. The decision highlights ongoing issues in balancing partisan redistricting with the protection of minority voting rights.

RedistrictingVoting Rights ActFourteenth AmendmentEqual Protection ClauseVote DilutionRacial GerrymanderingShaw-type ClaimsIntentional DiscriminationCompactnessMinority Opportunity Districts
References
55
Case No. MISSING
Regular Panel Decision

Brown v. Board of Commissioners of the City of Chattanooga

Plaintiffs, black citizens of Chattanooga, Tennessee, challenged the city's system for electing its Board of Commissioners, alleging violations of the Voting Rights Act (VRA) and the United States Constitution. They claimed the at-large election system diluted black voting strength and that a state statute and city charter provision allowing nonresident property owners to vote violated their constitutional rights. The court concluded that Chattanooga's method of electing commissioners violated Section 2 of the VRA, finding it was adopted with discriminatory purpose and continued to have discriminatory effects. Additionally, the court found that Section 5.1 of the Chattanooga city charter, permitting nonresident property-qualified voting without a substantial interest limitation, violated the Equal Protection Clause of the Fourteenth Amendment. The court granted declaratory and injunctive relief, ordering defendants to submit a compliant electoral plan within 75 days and enjoining future elections under the current charter and property-qualified voting system.

Voting Rights ActFourteenth AmendmentElectoral SystemVote DilutionRacial DiscriminationAt-Large ElectionsProperty QualificationsInjunctive ReliefDeclaratory ReliefPolitical Cohesiveness
References
36
Case No. MISSING
Regular Panel Decision
Feb 09, 2011

Conservative Party v. Walsh

Plaintiffs, including the Conservative, Working Families, and Taxpayers Parties, challenged New York Election Law § 9-112(4) and 9 N.Y.C.R.R. § 6210.13(A)(7), which govern "double-voting," under 42 U.S.C. § 1983. They alleged that the policy of crediting double-votes solely to the 'first' party on the ballot, typically a major party, violates their First and Fourteenth Amendment rights by imposing severe burdens on minor parties' ballot access, placement, fundraising capabilities, and the accurate counting of votes. This issue gained significance with the transition to optical scanner voting machines that allow double-voting. Defendants, Commissioners of the New York State Board of Elections, sought to dismiss the complaint, citing lack of capacity and standing, and failure to state a claim. The Court denied the motion, finding that the plaintiffs had adequately alleged severe constitutional burdens and that the State had not demonstrated its policy was the least restrictive means.

Election LawVoting RightsFirst AmendmentFourteenth AmendmentEqual ProtectionPolitical PartiesMinor PartiesDouble-VotingBallot AccessMotion to Dismiss
References
11
Case No. MISSING
Regular Panel Decision
Sep 30, 1977

Hanney v. Commissioners of Elections of Westchester County

John F. Hanney, the petitioner, challenged the results of the Conservative Party primary election for Council Member in the 11th Ward of Yonkers, where Raphael Wik was certified as the winner. Hanney alleged several irregularities, including uncounted write-in votes for himself and an invalid vote for Wik. The Supreme Court, Westchester County, initially set aside the election and ordered a new primary. The appellate court affirmed this judgment, independently reviewing the record. They found that Hanney should have received five additional votes and that one of Wik's votes was improperly counted, resulting in a tie. Consequently, a new primary election was deemed necessary.

Primary ElectionVote CountingElection IrregularitiesWrite-in VotesVoter IntentTie VoteNew Election OrderedAppellate ReviewWestchester CountyYonkers
References
2
Case No. 2024 NY Slip Op 04236 [43 NY3d 49]
Regular Panel Decision
Aug 20, 2024

Stefanik v. Hochul

This case involves a constitutional challenge to New York's Early Mail Voter Act, which allows all registered voters to vote early by mail. Plaintiffs, including elected officials and voters, argued that the Act violates the State Constitution, citing historical interpretations requiring in-person voting and a failed 2021 ballot initiative to allow no-excuse absentee voting. The Court of Appeals affirmed the lower courts' decisions, ruling the Act is constitutional. The Court found no explicit or implicit constitutional prohibition against mail-in voting, particularly after the 1966 removal of the 'election district provision' and in light of Article II, Section 7's broad grant of legislative authority over election methods.

Early Mail VotingAbsentee VotingConstitutional LawVoter RightsElection LawLegislative PowerJudicial ReviewState ConstitutionReferendumStatutory Interpretation
References
19
Case No. 2020 NY Slip Op 05204 [186 AD3d 1679]
Regular Panel Decision
Sep 30, 2020

Matter of Board of Mgrs. of Half Moon Bay Mar. Condominium v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.

This case concerns a CPLR article 78 proceeding initiated by the Board of Managers of Half Moon Bay Marina Condominium and Maria Elena DiBella against the Board of Directors of Half Moon Bay Homeowners Association, Inc. The dispute arose over the voting rights of Marina directors on the HOA Board, which the HOA Board sought to restrict. The Supreme Court, Westchester County, ruled in favor of the petitioners, compelling the HOA Board to allow unrestricted voting. The Appellate Division affirmed this judgment, determining that the HOA's bylaws regarding voting rights were ambiguous. The court found that extrinsic evidence, including the HOA Board's historical practice, supported the interpretation that all directors had an unrestricted right to vote on all HOA matters.

Bylaws InterpretationVoting RightsCondominium LawHomeowners AssociationCPLR Article 78Contract InterpretationExtrinsic EvidenceBoard of DirectorsAppellate ReviewAmbiguity
References
11
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