Court of Appeals to review injunction removing Oaks from primary ballot

The Court of Appeals today granted a petition for certiorari by the administrator of the State Board of Elections, who is challenging yesterday’s injunction requiring that former state senator Nathaniel Oaks’ name be removed from the June primary ballot. Heather Coburn has been covering the case at The Daily Record. The Court of Appeals has scheduled argument this coming Wednesday, May 2.

Andrea Trento will be arguing for the State Board of Elections, and Mark Stichel (no stranger to emergency briefing on election law) will be arguing for the plaintiffs who obtained the injunction.

The Court of Appeals website shows the question presented:

Linda H. Lamone v. Nancy Lewin, et al. – Case No. 85, September Term, 2017

Issue – Election Law – Did the trial court err in entering a preliminary injunction that requires Appellant to remove the name of a candidate from the ballot for the 2018 primary election, where the statutory deadlines have passed, laches bars the relief ordered, removal at this late date will disrupt the orderly process of the election and other, less disruptive, relief is available?

If history is a guide, the Court of Appeals will issue a per curiam order on Wednesday afternoon, with an opinion to follow.


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