Mandamus – Laches, even for election cases

Originally published by David Coale.

A challenge to the Governor’s extension of the early-voting period, brought as an original proceeding in the supreme court, failed for procedural reasons: “Relators delayed in challenging the Governor’s July 27 proclamation for more than ten weeks after it was issued. They have not sought relief first in the lower courts that would have allowed a careful, thorough consideration of their arguments regarding the Act’s scope and constitutionality. Those arguments affect not only the impending election process but also implicate the Governor’s authority under the Act for the many other actions he has taken over the past six months. Relators’ delay precludes the consideration their claims require.” In re Hotze, No. 20-0739 (Oct. 7, 2020).

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