Initiative Petition No. 415, State Question No. 793, proposed to amend Article 20 of the Oklahoma Constitution by adding a new Section 3. The purpose of the amendment was to merge the rights and restrictions placed on optometrists and opticians, while eliminating restraints on the ability to practice their professions in retail mercantile establishments. A protest was filed contesting the validity of the initiative petition as unconstitutional logrolling in violation of the general subject requirement mandated in Okla. Const. art. 24, sec. 1. The sole issue presented for consideration, restated, was whether Initiative Petition No. 415, State Question No. 793, satisfied the single subject requirement of article 24, section 1, of the Oklahoma Constitution. The Oklahoma Supreme Court concluded that the proposed amendment embraced one general subject and therefore complied with article 24, section 1, of the Oklahoma Constitution. View "Oklahoma Assoc. of Optometric Physicians v. Raper" on Justia Law

Initiative Petition No. 415, State Question No. 793, proposed to amend Article 20 of the Oklahoma Constitution by adding a new Section 3. The purpose of the amendment was to merge the rights and restrictions placed on optometrists and opticians, while eliminating restraints on the ability to practice their professions in retail mercantile establishments. A protest was filed contesting the validity of the initiative petition as unconstitutional logrolling in violation of the general subject requirement mandated in Okla. Const. art. 24, sec. 1. The sole issue presented for consideration, restated, was whether Initiative Petition No. 415, State Question No. 793, satisfied the single subject requirement of article 24, section 1, of the Oklahoma Constitution. The Oklahoma Supreme Court concluded that the proposed amendment embraced one general subject and therefore complied with article 24, section 1, of the Oklahoma Constitution. View "Oklahoma Assoc. of Optometric Physicians v. Raper" on Justia Law

At issue was whether the public interest that elections remain free from voter intimidation and coercion in this certification election was sufficient to outweigh the public interest in favor of openness of public records.The Supreme Court reversed the decision of the circuit court that granted summary judgment to Madison Teachers, Inc. (MTI) on its claim that the public records law was violated by the Wisconsin Employment Relations Commission (WERC). WERC denied MTI’s requests, made at various times during the 2015 certification elections, for names of Madison Metropolitan School District employees who had voted as of those dates based on the WERC chairman’s determination that the public interest that elections remain free from voter intimidation and coercion outweighed the public interest. In reversing the circuit court, the Supreme Court held that the chairman lawfully performed the balancing test in concluding that the public interest in elections free from voter intimidation and coercion outweighed the public interest in favor of openness of public records. View "Madison Teachers, Inc. v. Scott" on Justia Law

Plaintiff, a former Austin City Councilmember, filed suit challenging four provisions of Austin's campaign-finance law: a base limit on contributions to candidates; an aggregate limit on contributions from persons outside of the Austin area; a temporal restriction prohibiting all contributions before the six months leading up to an election; and a disgorgement provision requiring candidates to distribute excess campaign funds remaining at the end of an election. The Fifth Circuit affirmed the district court's decision upholding the base limit; holding that plaintiff lacked standing to challenge the aggregate limit because he had not established a sufficient injury-in-fact traceable to that limit; holding that Austin had failed to establish that the six-month temporal limit on fundraising served the interest of preventing actual corruption or its appearance; and holding that plaintiff had standing to challenge the disgorgement provision and the disgorgement provision was unconstitutional. View "Zimmerman v. Austin, Texas" on Justia Law

Plaintiff, a former Austin City Councilmember, filed suit challenging four provisions of Austin's campaign-finance law: a base limit on contributions to candidates; an aggregate limit on contributions from persons outside of the Austin area; a temporal restriction prohibiting all contributions before the six months leading up to an election; and a disgorgement provision requiring candidates to distribute excess campaign funds remaining at the end of an election. The Fifth Circuit affirmed the district court's decision upholding the base limit; holding that plaintiff lacked standing to challenge the aggregate limit because he had not established a sufficient injury-in-fact traceable to that limit; holding that Austin had failed to establish that the six-month temporal limit on fundraising served the interest of preventing actual corruption or its appearance; and holding that plaintiff had standing to challenge the disgorgement provision and the disgorgement provision was unconstitutional. View "Zimmerman v. Austin, Texas" on Justia Law

Alliance for a Safe and Independent Woodmen Hills bought ads and social-media coverage in an election. Campaign Integrity Watchdog filed a complaint with the Colorado Secretary of State against Alliance, alleging that Alliance failed to comply with Colorado’s campaign-finance laws requiring political committees to report contributions and expenditures. An Administrative Law Judge, or ALJ, ultimately ordered Alliance to pay fines and register as a political committee. Alliance appealed the campaign-finance decision and defended itself in a related defamation suit, racking up hundreds of dollars in court costs and thousands in legal fees. Alliance didn’t report those legal expenses. Watchdog filed another campaign-finance complaint; the ALJ concluded that the legal expenses were not reportable as expenditures but were reportable as contributions. Nonetheless, it ruled that the contribution-reporting requirement was unconstitutional as applied to Alliance for its post-election legal expenses. Watchdog appealed the ALJ’s determinations regarding the reporting requirements, and the court of appeals asked the Colorado Supreme Court to take the appeal directly under C.A.R. 50. After its review, the Supreme Court affirmed the ALJ’s decision that the legal expenses were not expenditures but were contributions under Colorado law. However, the Court reversed the ALJ’s determination that the reporting requirement was unconstitutional as applied to Alliance for its legal expenses: “The Supreme Court of the United States has consistently upheld disclosure and reporting requirements for political committees that exist primarily to influence elections. It makes no difference here that the contributions were not used to directly influence an election - any contribution to a political committee that has the major purpose of influencing an election is deemed to be campaign related and thus justifies the burden of disclosure and reporting.” Accordingly, the Colorado Supreme Court affirmed the ALJ’s decision in part and reversed in part. View "Campaign Integrity Watchdog v. Alliance for a Safe and Independent" on Justia Law

Jonathan Anderson, a lawyer, filed a termination report for Coloradans for a Better Future without requiring payment for his legal work, and “Better Future” didn’t report his service as a contribution. Campaign Integrity Watchdog complained to Colorado’s Secretary of State that Better Future should have done so. An Administrative Law Judge, or ALJ, dismissed Watchdog’s complaint on the merits. The court of appeals reversed in part, holding that Anderson’s service counted as a “contribution” to Better Future as the term was defined in section 1-45-103(6), C.R.S. (2017), of the Fair Campaign Practices Act (“FCPA”). The court reasoned that if the service was donated, it was a “gift” under section 1-45-103(6)(c)(I). If it was billed but not paid, it was an undercompensated service under section 1-45-103(6)(b). Either way, the service constituted a reportable contribution under the FCPA. The Colorado Supreme Court concluded the uncompensated legal services at issue here were not “contributions” to a political organization under Colorado’s campaign-finance laws. Accordingly, the court of appeals erred in holding that Better Future was required to report Anderson’s donated legal services. View "Coloradans for a Better Future v. Campaign Integrity Watchdog" on Justia Law

Petitioner, the Attorney General of the State of California, sought a peremptory writ of mandate directing respondent Superior Court of Sacramento Country to vacate its order requiring that he rescind the circulating title and summary he prepared for a proposed 2018 ballot initiative measure to repeal portions of Senate Bill 1, the Road Repair and Accountability Act of 2017, and replace it with the title and summary approved by the court. The court ruled the circulating materials prepared by the Attorney General were confusing, misleading, and likely to create prejudice against the proposed measure. After the Attorney General filed his writ petition with the Court of Appeal court, and initial opposition was filed by the real party in interest Travis Allen, the Court of Appeal issued an order to preserve its jurisdiction, staying the superior court’s ruling and any proceedings thereon, pending further order of the Court of Appeal. Having reviewed the petition and opposition thereto, the Court of Appeal concluded the language prepared by the Attorney General, contrary to the findings of the respondent court, did not mislead the voters or create prejudice against the measure. Consequently, there was no legal or factual basis for respondent court’s interference with the Attorney General’s exercise of his statutory duties. The Court issued the preemptory writ of mandate and continued the stay order pending finality of this decision. View "Becerra v. Super. Ct." on Justia Law

Petitioner, the Attorney General of the State of California, sought a peremptory writ of mandate directing respondent Superior Court of Sacramento Country to vacate its order requiring that he rescind the circulating title and summary he prepared for a proposed 2018 ballot initiative measure to repeal portions of Senate Bill 1, the Road Repair and Accountability Act of 2017, and replace it with the title and summary approved by the court. The court ruled the circulating materials prepared by the Attorney General were confusing, misleading, and likely to create prejudice against the proposed measure. After the Attorney General filed his writ petition with the Court of Appeal court, and initial opposition was filed by the real party in interest Travis Allen, the Court of Appeal issued an order to preserve its jurisdiction, staying the superior court’s ruling and any proceedings thereon, pending further order of the Court of Appeal. Having reviewed the petition and opposition thereto, the Court of Appeal concluded the language prepared by the Attorney General, contrary to the findings of the respondent court, did not mislead the voters or create prejudice against the measure. Consequently, there was no legal or factual basis for respondent court’s interference with the Attorney General’s exercise of his statutory duties. The Court issued the preemptory writ of mandate and continued the stay order pending finality of this decision. View "Becerra v. Super. Ct." on Justia Law

In 1987, African‐Americans filed suit against Chicago Heights, alleging dilution of voting opportunity. The election practices at issue were found to violate the Voting Rights Act, 52 U.S.C. 10101. Appellants split from other class plaintiffs and objected to the first consent decree; they have been the main opposition to proposed remedies. In 2010, the district court entered a consent decree, establishing a seven‐ward, single aldermanic form of government; including a ward map that complied with constitutional requirements; and requiring the city to reapportion the wards as the population changed. The subsequent 2010 census showed that the wards’ populations had changed, requiring reapportionment. After public comment, the city approved its redrawn ward map and sought approval of that map. Appellants objected and sought leave to file their own map for implementation by the court. The court held that the Decree gave the city the exclusive right to reapportion the wards. The city’s map still contained seven wards, each with an individual population deviation of less than 10 percent. However, the overall deviation was 12.65%. The Seventh Circuit affirmed that the proposed map is constitutional. The city presented sufficient justification and made a good faith effort to reapportion the map with the smallest population deviations practicable, using legitimate and nondiscriminatory objectives, such as maintaining historical and natural boundary lines where possible, and easing voter confusion by redrawing unusual boundaries. View "McCoy v. Chicago Heights Election Commission" on Justia Law