Justia Election Law Opinion Summaries

The Supreme Court denied Petitioner's request seeking writ of mandamus compelling the Medina County Board of Elections to place a local liquor option on the November 7, 2023 general election ballot in this expedited election case, holding that Petitioner's petition was invalid in its entirety under Ohio Rev. Code 4301.333(C)(2).Petitioner sought from the board of elections a petition for the purpose of obtaining a permit that would allow him to serve liquor on Sundays. The board of elections denied the petition, concluding that Petitioner's failure to attach the affidavit required under section 4301.333 meant that his petition was invalid under section 4301.333(C)(2). Petitioner subsequently sought mandamus relief seeking an order compelling the board to place a local liquor option on the ballot or, alternatively, an order compelling the board to provide him with certain information. The Supreme Court denied the writ, holding (1) Petitioner did not advance a compelling reason as to why the local option should be placed on the ballot; and (2) Petitioner was not entitled to mandamus relief based on any failure of the board of elections to follow the procedure set forth in Ohio Rev. Code 4301.33. View "State ex rel. Lambert v. Medina County Bd. of Elections" on Justia Law

The Supreme Court affirmed the judgment of the district court finding that Frank Piocos was not eligible to be a candidate for Roosevelt County Attorney, holding that the district court had substantial, credible evidence to support a finding that Piocos was not a resident of Roosevelt County for voting purposes on November 8, 2022.In January 2022, Piocos filed as a candidate for County Attorney. Piocos elected on November 8, 2022. On January 20, 2023, Contestant brought this action challenging Piocos's eligibility based on residency grounds. The district court determined that the election was void because Piocos was not a resident of Roosevelt County for thirty days prior to the election. The Supreme Court affirmed, holding (1) for purposes of voting under Mont. Code Ann. 13-1-112, the Legislature's intent was for a person to have a place of abode in the county to which the person intends to return even when absent; and (2) the district court did not err when it found that Piocos did not reside in Roosevelt County without making a factual finding of where he did reside. View "Downs v. Piocos" on Justia Law

The Supreme Court granted a limited writ of mandamus ordering Secretary of State Frank LaRose to reconvene the Ohio Ballot Board and directed the ballot board to adopt ballot language that accurately described a proposed amendment regulating actions of the "State," holding that the term "citizens of the State" in the ballot language was misleading.At issue was a constitutional amendment proposed by initiative petition titled "The Right to Reproductive Freedom with protections for Health and Safety" and the ballot language adopted by the ballot board for the November 7, 2023 election. Relators sought a writ of mandamus. The Supreme Court granted a limited writ ordering the ballot board and LaRose to reconvene and adopt ballot language that accurately conveyed that the proposed amendment limited the ability of the state, as defined by the amendment, to burden, penalize, or prohibit abortion. View "State ex rel. Ohioans for Reproductive Rights v. Ohio Ballot Bd." on Justia Law

The Supreme Court held that Jacob Bennett was not barred from serving on the Harford County Council because of his employment as a schoolteacher by the Harford County Board of Education, thus reversing the contrary order and declaratory judgment of the circuit court.After Bennett was elected to the Council in the November 2022 general election a dispute arose between Bennett and Harford County concerning whether he was precluded from serving simultaneously as a member of the Council and as an employee of the Board by either section 207 of the Harford County Charter or the common law doctrine of incompatible positions. The circuit court ruled in favor of the County on the basis that the Board should be treated as a County for purposes of Charter 207. The Supreme Court reversed, holding that neither Charter 207 nor the doctrine of incompatible positions barred Bennett from simultaneously serving as a member of the Council and an employee of the Board. View "Bennett v. Harford County" on Justia Law

The Supreme Court reversed the judgment of the court of appeal reversing the trial court's judgment concluding that the at-large method of electing city council members in the City of Santa Monica diluted Latino voters' ability to elect their preferred candidates and their ability to influence the outcome of council elections, holding that the court of appeals misconstrued the California Voting Rights Act of 2001, Cal. Elec. Code 14025 et seq. (CVRA).The superior court ruled in favor of Plaintiffs on their claims that the racially polarized voting in the City violated the CVRA. The superior court ruled in favor of Plaintiffs and ordered the City to conduct a special election using a seven-district map drafted by an expert who testified at trial. The court of appeal reversed, concluding that there had been no dilution of Latino voters' ability to elect their preferred candidates or their ability to influence the outcome of the election. The Supreme Court reversed, holding (1) a court presented with a dilution claim should undertake a searching evaluation of the totality of the facts and circumstances; and (2) because the court of appeal did not evaluate the dilution element of the CVRA under the proper standard, remand was required. View "Pico Neighborhood Ass'n v. City of Santa Monica" on Justia Law

Indiana law allows 13 categories of voters, including “elderly” voters—those 65 or older--to vote by mail. Because of the COVID-19 pandemic, the Indiana Election Commission extended absentee-voting privileges to all registered Indiana voters for the June 2020 primary but did not renew that order for the November general election. Indiana voters who were allowed to vote absentee in the primary, but who do not otherwise qualify for absentee voting, unsuccessfully sought a preliminary injunction requiring Indiana to permit unlimited absentee voting, citing the Twenty-Sixth Amendment and the Equal Protection Clause. Weeks before the 2020 general election, the Seventh Circuit (Tully I) affirmed, finding that the plaintiffs had not made a strong showing of likelihood of success on the merits in light of Supreme Court precedent holding that the right to vote does not include a claimed right to receive absentee ballots.Returning to the district court, the plaintiffs abandoned their Fourteenth Amendment claim. The court concluded that Tully I constituted controlling authority. The Seventh Circuit affirmed on different grounds. Given the circumstances under which Tully I was issued, that decision does not constitute the law of the case and is not binding. Considering the merits anew, the court held that Indiana’s granting the opportunity to vote by mail to elderly voters does not abridge the right to vote of those under 65 and does not violate the Twenty-Sixth Amendment. View "Tully v. Okeson" on Justia Law

In this referendum matter concerning a city ordinance, the Supreme Court held that the proponent's error in failing to include the text of the to-be-referred ordinance within its application for a petition serial number, as required by Ariz. Rev. Stat. 19-111(A), could not be cured by showing that the City Clerk and petition signers knew what ordinance was being referred but that nothing authorized the City Clerk to reject petition sheets due to the application error.At issue was Ordinance 2022-18, which would take effect thirty days later unless referred to the ballot for a vote. Plaintiff sought to refer the ordinance to the ballot, but the City Clerk rejected Plaintiff's petition sheets and signatures based on Plaintiff's failure to attach the ordinance to the application for a petition serial number. Plaintiff brought this action seeking to compel the City Clerk to accept the sheets and signatures. The court concluded that the application's failure to strictly comply with section 19-111(A) was fatal. The Supreme Court reversed, holding (1) Plaintiff did not strictly comply with section 19-111(A) when filing its application for a serial number and could not correct that error through its offered evidence; but (2) the City Clerk was not authorized to reject Plaintiff's circulated and signed petition sheets because the application for serial number was deficient. View "Voice of Surprise v. Hall" on Justia Law

The City of San Diego (the City) placed a citizen’s initiative, Measure C, on the ballot for the March 2020 general and special election. Ballot materials for the measure stated that it required a two-thirds majority to pass, but by March 2020, at least two trial courts in San Francisco concluded that citizens’ initiatives required only a simple majority. Measure C ultimately received 65.24% of the votes cast. The City thereafter adopted a resolution that stated the number of votes for and against measure C and identified that there was a split of authority about the voter threshold requirement for a citizens’ inintiative, but did not state whether Measure C passed. By April 2021, several appellate courts concluded citizens’ initiatives required a simple majority, and the City adopted a resolution that Measure C had passed. Various groups sued to challenge the adoption of Measure C, calling into question the voter threshold required for its passage. The Court of Appeal determined the application of a simple majority voting requirement did not violate due process or constitute “fraud on the voters,” even though ballot materials and the ordinance placing the measure on the ballot stated a two-thirds majority applied. View "Alliance San Diego, et al. v. City of San Diego" on Justia Law

The Supreme Court denied this action brought by Jennifer Giroux and Thomas Brinkman (collectively, Giroux) challenging an initiative petition to place a proposed constitutional amendment on the November 7, 2023 ballot, holding that Giroux failed to show that Ohio law required invalidating the petition.At issue was a petition proposing a constitutional amendment entitled "Right to Reproductive Freedom with Protections for Health and Safety." Giroux brought this challenge alleging that the petition did not comply with Ohio Rev. Code 3519.01(A). The Supreme Court denied relief, holding that section 3519.01(A) does not require a petition proposing a constitutional amendment to include the text of the existing statute, and Giroux's challenge failed for this reason. View "Giroux v. Committee Representing Petitioners" on Justia Law

The Committee to Support the Recall of George Gascón (the Committee) filed a lawsuit against defendants Los Angeles County Registrar-Recorder/County Clerk Dean C. Logan and the Office of the Los Angeles County Registrar-Recorder/County Clerk (collectively “the Registrar”) to enforce the Committee’s rights under the Public Records Act (PRA) to examine a recall petition the Registrar certified as invalid for placement on the ballot. The trial court granted the ex parte application, ordered disclosure of various voter records, and ordered the parties to meet and confer on increased access. The court directed the disclosure of additional records. On appeal from the original injunction order and the subsequent order, the Registrar contends the trial court misinterpreted sections 7924.000 and 7924.110. The Committee filed a motion to dismiss this appeal for lack of jurisdiction under the PRA.   The Second Appellate District dismissed the portion of the appeal purporting the challenge the injunction order and partially granted the petition for extraordinary writ. The court concluded that the exclusive means of challenging an order granting or denying disclosure of records in connection with the examination of an unsuccessful recall petition under the PRA is through section 7923.500. Here, the Registrar did not meet the requirements for the injunction order. However, the court exercised its discretion to consider the Registrar’s challenges to new directives appearing in that order as a petition for extraordinary writ. The court concluded that the order improperly commanded the Registrar to (1) authorize the use of electronic voter lists outside its examination room and (2) disclose redacted affidavits of voter registration. View "Committee to Support the Recall, etc. v. Logan" on Justia Law