Justia Election Law Opinion Summaries

This case concerned a challenge to the nomination of Lois Jean McDermott, a Democratic candidate for the Arizona House of Representatives. McDermott appealed from a superior court judgment striking her from the primary election ballot because she identified her name as "Cheuvront-McDermott, Jean" in her nomination paper. McDermott's legal surname was McDermott. The Supreme Court affirmed in part and reversed in part, holding (1) McDermott substantially complied with the requirements in Ariz. Rev. Stat. 16-311(G), which directs that the candidate's surname shall be printed first; and (2) McDermott's name shall be printed on the primary ballot as "McDermott, Jean Cheuvront." View "Dedolph v. McDermott" on Justia Law

Stephen Maxfield challenged the results of the 2010 gubernatorial election under Utah's election-contest statute, asking the district court to declare him and his running mate the lieutenant governor and governor of Utah, respectively. The court dismissed the petition, concluding that the statutory grounds for an election contest did not encompass Maxfield's claims. The Supreme Court affirmed, holding (1) the district court did not err in disposing of the case by deciding Herbert's timely-filed Rule 12(b)(6) motion; (2) the nature of the hearing held in district court was appropriate, and Maxwell's right to a timely hearing was waived; and (3) the district court did not err in refusing to allow Maxfield to bring an election contest based on allegations of campaign finance violations. View "Maxfield v. Herbert" on Justia Law

This case was a direct appeal from a Commonwealth Court order which set aside the nomination petition of Andrew Gales as a Democratic Candidate for Pennsylvania State Representative in the 57th Legislative District. On April 4, 2012, the Supreme Court reversed the order of the Commonwealth Court, directed that the candidate’s name be printed on the April 24, 2012 primary election ballot, and indicated that an opinion would follow. The Court released its rationale for that order, and held that the Election Code does not prohibit an elector from signing a nomination petition using an obvious diminutive form of his or her first name, rather than the formal first name that appears on the elector’s voter registration card. View "In re Nomination Petition of Andrew Gales" on Justia Law

Kelly and Paul Rosberg challenged the results of elections for seats on the Public Service Commission (PSC). The Rosbergs lost in the primaries to Gerald Vap and Rod Johnson, respectively. After the general election, the Rosbergs filed suit in the district court, claiming that Vap and Johnson were ineligible for the seats because both Vap and Johnson were not "in good standing" with their professions and were therefore ineligible for the seats. The district court rejected the Rosbergs' claims and granted summary judgment to Vap and Johnson. The Supreme Court affirmed, holding that because the Legislature did not intend service on the PSC to be read as a profession for which one must be "in good standing according to the established standards of" that profession, the district court was correct in dismissing the Rosbergs' challenges. View "Rosberg v. Vap" on Justia Law

In 2008, candidates for the U.S. presidency and vice-presidency collected signatures on nomination papers throughout the Commonwealth. The papers bore the political designation "Libertarian." The candidates failed to secure the indorsement of the national Libertarian party at its convention. The Libertarian Association of Massachusetts contacted the Secretary of the Commonwealth and requested that the names of the persons who won the party indorsement be substituted for the names of the candidates listed on the nomination papers. The Secretary refused. The federal trial court held that G. L. c. 53, 14, which governs filling a vacancy where a candidate nominated for "state, city or town office" withdraws, dies, or otherwise becomes ineligible prior to election, was unconstitutionally vague. On remand, the judge stayed the vagueness claim pending a state court clarification. Plaintiffs then sought a state court declaration that section 14 provides a minor party, which does not qualify as a "political party" under Massachusetts law, a means to "substitute" the names of candidates chosen at its national convention for those listed on nomination papers. After deciding to resolve the case, despite it being moot, the Massachusetts Supreme Court held that section 14 applies to presidential electors. Although the section is not a model of clarity, it requires that all candidates gather signatures. View "Libertarian Assoc. of MA v. Sec'y of the Commonwealth" on Justia Law

Collins served as a city councilman and vice-mayor of East St. Louis. In 2002 he moved to the suburbs, but continued to use his previous address to vote East St. Louis and to establish residency for election to as precinct committeeman for the Democratic Party. Federal agents checked tax filings to verify his residency and discovered that Collins had not filed federal or state income tax returns for almost two decades. Convicted of multiple counts of tax evasion, willful failure to file tax returns, and voter fraud, he was given a within-guidelines sentence of 50 months. The Seventh Circuit affirmed. The district court used pattern jury instructions for tax evasion, which properly define the required element of willfulness and need no clarification to distinguish tax evasion from negligent failure to file. It is not “remotely plausible” to attribute tax delinquency of almost two decades to negligence. The court properly stated Illinois law regarding requirements for establishing voting residency. The evidence was “easily sufficient” to support the verdict. Collins did not file tax returns, and to hide his income, commingled personal and business accounts, used a false Employer Identification Number, and misappropriated the Social Security Number of his deceased business partner. View "United States v. Collins" on Justia Law

Appellants challenged the amendments to the state earnings tax statutes, Mo. Rev. Stat. 92.105 through 92.125, raising several arguments. The trial court dismissed Appellants' second amended petition with prejudice. The Supreme Court affirmed, holding (1) the amendments did not violate Mo. Const. art. III, 51, as the initiative was not used for a de facto appropriation of money to pay the election costs to continue the earnings tax; (2) the requirement to hold recurring elections without providing state funds did not constitute an unfunded mandate in violation of the Hancock Amendment; and (3) Appellants did not state a claim for violation of an amendment to the city charter of Kansas City because the initiative process did not amend Kansas City's charter, and therefore, the constitutional requirements of Mo. Const. art. VI, 20 regarding amendments to a city's charter were not applicable. View "Dujakovich v. Carnahan" on Justia Law

Plaintiff challenged the constitutionality of MCL 169.252(1), which sets limits on individual campaign contributions per “election cycle,” and includes criminal penalties. Plaintiff attested that he wished to make contributions to the candidate committees of individuals running for state House and state Senate in Michigan in 2010 in excess of the limits imposed for an individual. The district court denied a preliminary injunction to prevent enforcement. The Sixth Circuit affirmed. The district court properly considered that there was no showing of irreparable harm to plaintiff while there would be significant harm to defendant and the public if a preliminary injunction issued; that the only hard evidence in the case was that the statutory limits are not indexed to inflation, a showing that did not lead to the conclusion that plaintiff had a strong likelihood of success on the merits; and that there was no empirical evidence to determine the effect of individual contribution limits on the power to mount a campaign. View "McNeilly v. Land" on Justia Law