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ToxMarz

(2,256 posts)
17. It doesn't look like it is necessarily the end of the story
Tue Sep 10, 2024, 04:50 PM
Sep 2024

It should be and sounds like the ruling stated it should be, but it was dismissed "without prejudice" meaning it isn't over if she wants to still pursue it.

https://www.democracydocket.com/wp-content/uploads/2024/06/2024-09-09-Order-granting-motion-to-dismiss.pdf

Last paragraph of Order granting motion to Dismiss:

"Second, Plaintiff’s claims are not forfeited; they are merely dismissed -- for now.
This action is done, but there can be another. Plaintiff can refile, name the correct party,
and we will pick up where we left off, likely with all the same lawyers and certainly with the
same substantive arguments. If Plaintiff moves with alacrity, the merits of her claim that
the role of an election superintendent -- in particular when certifying the results of an
election -- is discretionary rather than ministerial can still be considered alongside the
related claims set forth in Abhiraman et al. v. State Board of Elections, 24CV010786.3
This may seem like an unnecessary drill, but it was also an entirely unavoidable one."

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