Justia Election Law Opinion Summaries

The major political parties in Marion County, Indiana followed a tradition of “slating” candidates that have the financial and organizational backing of party leadership in the primaries. Indiana enacted an “anti-slating” statute, prohibiting distribution of a list endorsing multiple political candidates during a primary election unless all such candidates have given written consent, Ind. Code 3-14-1-2(a). More than 10 years ago, that law was challenged as violating the First Amendment, resulting in a federal injunction against its future enforcement and a consent decree in which all parties stipulated and the court declared that the law was facially unconstitutional. The Marion County Election Board was a defendant, but nonetheless enforced the statute against a candidate running for state representative in the 2012 primary. That candidate sought an injunction. The district court dismissed the case under the “Younger” abstention doctrine, citing a still-ongoing Election Board investigation. The Seventh Circuit reversed. The Election Board’s investigation is too preliminary a proceeding to warrant Younger abstention, at least in light of the Supreme Court’s 2013 decision, Sprint Communications, Inc. v. Jacobs. Even if Younger abstention were theoretically available, the previous final federal judgment against the Election Board would amount to an extraordinary circumstance making Younger abstention inappropriate. View "Mulholland v. Marion Cnty. Election Bd." on Justia Law

Snyder was involved in a fistfight with another town council member. He was convicted of battery. The court imposed a sentence of six months suspended and six months of home detention, but later determined that Snyder had violated probation. Snyder served the remainder of his sentence at the county jail. While Snyder was incarcerated, the County Voter Registration Board informed him that his voter registration had been cancelled under Ind. Code 3-7-46. Snyder knew that Indiana law permits him to reregister to vote at any time following release from jail. Snyder refused to re-register. He was turned away from voting in a special election. He sued under 42 U.S.C. 1983, alleging violations of the National Voter Registration Act, 42 U.S.C. 1973gg; the Help America Vote Act, 42 U.S.C. 15301; the Civil Rights Act, 42 U.S.C. 1971; and the U.S. and Indiana Constitutions. On certification, the Indiana Supreme Court held that the Indiana Constitution authorized temporary disenfranchisement of any incarcerated convict. The district court dismissed the state defendants on sovereign immunity grounds; held that a county cannot be held liable under Section 1983 for acts done under state or federal law; and held that claims to enjoin de-registration or require reinstatement were not justiciable. Despite all parties arguing to the contrary, the Seventh Circuit found the case moot. Snyder waived any challenge to dismissal of the state defendants and failed to state a Monell claim against the county defendants. View "Snyder v. King" on Justia Law