The Supreme Court denied the petition filed by Petitioners claiming that the popular name and ballot title of Issue Number 4, a proposed constitutional amendment concerning casino gambling, were insufficient, holding that Issue Number 4 was proper for inclusion on the November 6, 2018 ballot. Specifically, the Court held that all of the twenty-seven challenges brought by Petitioners in support of their claims failed, that there was no fatal infirmity with the popular name or ballot title of Issue Number 4, and that the proposed amendment’s popular name and ballot title were sufficient. View "Stiritz v. Honorable Mark Martin" on Justia Law

The Supreme Court denied the original action brought by Petitioner, individually and on behalf of Citizens for Local Choice, challenging the sufficiency of the ballot title with regarding to Issue Number 4, which provides for the issuance of four casino licenses in the state, holding that Petitioner did not meet his burden of proving that the ballot title was insufficient. Specifically, the Court held that Issue No. 4 was proper for inclusion on the November 6, 2018 ballot because (1) the popular name and ballot title of the issue gave voters a fair understanding of the issues presented, and (2) the scope and significance of the proposed changes in law were not misleading and allowed voters to reach an informed decision for or against the proposal. View "Knight v. Martin" on Justia Law

The Supreme Court reversed the circuit court’s order entering a preliminary injunction in favor of Plaintiff in his challenge to Act 633 of 2017, which concerns verification of voter registration, holding that Plaintiff failed to demonstrate a likelihood of success on the merits because Act 633 comports with the requirements in Amendment 51 to the Arkansas Constitution for its amendment. The circuit court entered a preliminary injunction order prohibiting and enjoining Appellants from enforcing the requirements of Act 633. The Supreme Court reversed and remanded, holding (1) this action was not subject to the sovereign-immunity defense; (2) Plaintiff had standing to challenge the Act’s constitutionality; but (3) Act 633’s constitutional amendment is germane to Amendment 51 and consistent with its policy and purpose and is therefore constitutional. View "Honorable Mark Martin v. Haas" on Justia Law

The Supreme Court denied the writ sought by Petitioners requesting the issuance of a writ of mandamus directing Respondent, the West Virginia Secretary of State, to list Donald Blankenship as a candidate for the United States Senate on the general election ballot as the nominee of the Constitution Party of West Virginia, holding that there was no legal right in Petitioners to the relief sought and no legal duty on the part of Respondent to do the thing which Petitioners sought to compel. Specifically, the Court held (1) W. Va. Code 3-5-23(a) prohibits unsuccessful primary candidates from running as nomination-certificate candidates in the general election; (2) the ballot access restriction in section 3-5-23(a) is constitutional; and (3) because Blankenship unsuccessfully ran in the 2018 Republican primary election, he was now prohibited from gaining access to the 2018 general election ballot for the same office by means of a nomination-certificate candidacy. View "State ex rel. Blankenship v. Warner" on Justia Law

The Supreme Court denied the writ of mandamus sought by Relators seeking to compel Respondents, the Lucas County Board of Elections and its members, to place a proposed charter amendment on the November 6, 2018 general-election ballot, holding that the submission of the proposed charter amendment to the board of elections did not follow the specific procedure set forth in Ohio Const. article XVIII, sections 8 and 9. Sections 8 and 9 require the legislative body of the municipality to pass an ordinance instructing the board of elections to place the proposed amendment on the ballot upon submission of a sufficient petition. The proposed charter amendment in this case. Relators in this case sought to amend the city charter of Toledo. Relators, however, failed to allege or prove that the Toledo city council passed an ordinance submitting the proposed charter amendment to the electors. The Supreme Court denied mandamus relief, holding that the proposed charter amendment was never properly before the Board, and therefore, Relators did not have a clear legal right to their requested relief, and the board did not have a clear duty to provide it. View "State ex rel. Maxcy v. Saferin" on Justia Law

Appellant Ronda Marcy, resident of Matanuska-Susitna Borough, filed suit against the borough and citizens who had sponsored a borough ballot initiative prohibiting commercial marijuana businesses. The suit, filed 32 days before the borough election, sought declaratory and injunctive relief that the initiative was unconstitutional and unlawful and should be removed from the election ballot. Given the imminent election, the superior court ordered the case held in abeyance pending the initiative vote’s outcome. After borough voters rejected the initiative, the court dismissed the case as moot. Marcy appealed, arguing the merits of her declaratory judgment claim should have been heard under the public interest exception to the mootness doctrine and that the superior court issued procedurally defective orders, violated her due process rights, and erroneously awarded attorney’s fees against her. The Alaska Supreme Court affirmed the superior court because it did not abuse its discretion in its procedural decisions; the resident’s due process rights were not violated; the Court declined to invoke the public interest exception to address the moot claims; and the resident failed to properly bring her attorney’s fees appeal. View "Marcy v. Matanuska-Susitna Borough" on Justia Law

The North Dakota Secretary of State filed a motion to stay an order of the district court that enjoined parts of the North Dakota elections statutes. The district court enjoined the Secretary from enforcing a provision that required a voter to present at the polls a valid form of identification that provides the voter's current residential street address. The Eighth Circuit granted the motion and held that the Secretary demonstrated a likelihood of success on the merits in his challenge to this aspect of the injunction, the State would be irreparably harmed by the injunction during the general election in November, and a stay should be granted after consideration of all relevant factors. View "Brakebill v. Jaeger" on Justia Law

The Supreme Court denied the writ of mandamus sought Relators seeking to compel the Board of Trustees of Perry Township in Stark County to place a tax levy on the November 6, 2018 ballot, holding that Relators did not establish that they were entitled to a writ of mandamus. The Board disqualified the proposed levy from the November 2018 ballot because Relators’ resolution and the proposed ballot language stated that the renewal and increase would have commenced in tax year 2018, the final year of the existing levy. The Supreme Court denied Relators’ request for a writ of mandamus, holding that Relators failed to establish that (1) the Board had a clear legal duty to place the proposed renewal-and-increase levy, commencing in the final year of the existing levy, on the ballot; or (2) Secretary of State Jon Husted failed to perform any clear legal duty. View "State ex rel. Perry Township Board of Trustees v. Husted" on Justia Law

In this expedited election case, the Supreme Court denied the writ of mandamus sought by Relators seeking to compel the Lucas County Board of Elections to place a proposed charter amendment on the November 6, 2018 general-election ballot, holding that the Board did not abuse its discretion. Relators submitted part-petitions in support of a proposed amendment to the Toledo City Charter entitled the Lake Erie Bill of Rights (LEBOR). The Board verified a sufficient number of petition signatures to qualify the measure for the ballot but refused to place the charter amendment on the ballot on the ground that it contained provisions that were beyond the authority of the City to enact. Relators then filed this expedited election complaint. The Supreme Court held that the Board did not abuse its discretion when it relied on this Court’s decision in State ex rel. Flak v. Betras, 95 N.E.3d 329 (Ohio 2017) to deny the request to place the LEBOR charter amendments on the ballot. View "State ex rel. Twitchell v. Saferin" on Justia Law

The Supreme Court denied the writ of mandamus sought by six Columbus electors (Relators) to compel members of the Franklin County Board of Elections (Respondents) to place a proposed city ordinance on the November 6, 2018 ballot, holding that Respondents did not abuse their discretion in excluding the measure from the ballot. If adopted, the proposal would establish a “Community Bill of Rights” related to water, soil, and air protection and prohibit certain oil and gas extraction activities within the City of Columbus. Respondents found that the proposed ordinance was beyond the city’s legislative power because it would create new causes of action. The Supreme Court agreed, holding that Respondents did not abuse their discretion in concluding that the proposed ballot measure was beyond the scope of the city’s legislative power. View "State ex rel. Bolzenius v. Preisse" on Justia Law