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This entry was published on 2024-08-09
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SECTION 17-216
Expedited judicial proceedings and preliminary relief
Election (ELN) CHAPTER 17, ARTICLE 17, TITLE 2
§ 17-216. Expedited judicial proceedings and preliminary relief.
Because of the frequency of elections, the severe consequences and
irreparable harm of holding elections under unlawful conditions, and the
expenditure to defend potentially unlawful conditions that benefit
incumbent officials, actions brought pursuant to this title shall be
subject to expedited pretrial and trial proceedings and receive an
automatic calendar preference. In any action alleging a violation of
this title in which a plaintiff party seeks preliminary relief with
respect to an upcoming election, the court shall grant relief if it
determines that: (a) plaintiffs are more likely than not to succeed on
the merits; and (b) it is possible to implement an appropriate remedy
that would resolve the alleged violation in the upcoming election.