State ex rel. Orange Twp. Bd. of Trs. v. Del. County Bd. of Elections

Township, located in County, decided to place a tax levy for fire protection and emergency medical services in excess of the ten-mill limitation on the February 5, 2013 special-election ballot. The board of Township trustees adopted a resolution declaring it necessary to levy the additional levy and determined to proceed to have the tax question submitted to Township electors. The County board of elections voted unanimously to deny certification of the levy on the February 5, 2013 special-election ballot, determining that Township failed to submit the documents for the levy by the 4:00 p.m. deadline on November 7, 2012. On December 12, 2012, the Township board of trustees filed this expedited election action for writ of mandamus to compel the County board of elections to place the levy on the special-election ballot. The Supreme Court granted the writ, holding that the board of elections abused its discretion by refusing to place the levy on the ballot, where the fact that the resolution was time-stamped two minutes late harmed no one's rights, and that the people of Township should have the opportunity to determine whether the cuts to safety services that would occur without a levy are acceptable. View "State ex rel. Orange Twp. Bd. of Trs. v. Del. County Bd. of Elections" on Justia Law