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Raji Rab v. Shirley N. Weber, California Secretary of State, et al.

Paid petition · Court of Appeal of California, Third Appellate District, No. C093916 · judgment May 26, 2023


Certiorari denied · January 16, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Courts should construe laws in harmony with the legislative intent and seek to carry our legislative purpose. [Foster u. United States, 303 U.S. 118, 120 (1938)] Election Code § 15101(b) is perfectly worded by the legislature to protect against any manipulation. Election Code § 15101(b) has a prohibition term stating, “under no circumstances may a vote count be accessed or released before 8 pm on the day of the election”. The statute defines processing, and it does not state processing to include scanning. Processing and machine reading are two different functions. Respondents define machine reading to include scanning. Scan counting function was not available when this safe statute was constructed. The legislature crafted the law and design safe construction of the words “under no circumstances” which is even more protective today and serves in best public interest. The lower court’s opinion thus raises an imperative question of law that has not been,

Counsel of record

For petitioner
Raji Rab

For respondent
Richard Matthew Wise
California DOJ, Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 18 2024
    Rehearing DENIED.
  2. Feb 21 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 08 2024
  4. Jan 16 2024
    Petition DENIED.
  5. Jan 02 2024
    Waiver of right of respondent County of Los Angeles, the Los Angeles Board of Supervisors, Counth of Los Angeles Registrar-Recorder / County Clerk Dean C. Logan to respond filed.
  6. Dec 27 2023
    DISTRIBUTED for Conference of 1/12/2024.
  7. Dec 12 2023
    Waiver of right of respondent Shirley N. Weber, et al. to respond filed.
  8. Nov 14 2023
    Petition for a writ of certiorari filed. (Response due December 18, 2023)