In 2011 Wisconsin enacted a statute requiring voters to present photographic identification. A federal district judge found violation of the Constitution and the Voting Rights Act and enjoined its application. The Seventh Circuit reversed. After the Supreme Court declined review, the state amended Act 23 to require acceptance of veterans’ IDs. The district court declined to address plaintiffs' remaining argument that some persons qualified to vote are entitled to relief because they face daunting obstacles to obtaining acceptable photo ID. The Seventh Circuit vacated in part; it did not previously hold that persons unable to get a photo ID with reasonable effort lack a serious grievance. The right to vote is personal and is not defeated by the fact that 99% of other people can secure the necessary credentials easily. Under Wisconsin’s law, people who do not have qualifying photo ID cannot vote, even if it is impossible for them to get such an ID. Plaintiffs want relief from that prohibition, not from the general application of Act 23. The district court should permit the parties to explore how the state’s system works today before considering plaintiffs’ remaining substantive contentions. View "Frank v. Walker" on Justia Law

The United States District Court for the District of Utah certified questions of law to the Supreme Court regarding Qualified Political Parties (QPP). The first question asked whether Utah law requires that a QPP permit its members to seek its nomination by either or both of the methods set forth in Utah Code 20A-9-407 and 20A-9-408 or whether a QPP may preclude a member from seeking the party’s nomination by gathering signatures under section 20A-9-408. The second question asked whether the Lieutenant Governor must treat a registered political party (RPP) that has selected to be designated as a QPP as a RPP under Utah law. The Supreme Court answered (1) Utah Code 20A-9-101 requires that QPP party members may choose the method of candidacy qualification; and (2) the certified question regarding the Lieutenant Governor’s obligations is hypothetical and not ripe for decision. View "Utah Republican Party v. Cox" on Justia Law

The Judicial Investigation Commission (JIC) requested the Supreme Court to issue a writ of mandamus against the Putnam County Board of Ballot Commissioners (Board) to remove Troy Sexton from the May 2016 ballot as a candidate for the office of magistrate in Putnam County. The JIC based is request upon its determination that Sexton had been convicted of a "misdemeanor involving moral turpitude". The Supreme Court granted the requested writ of mandamus and directed the Board to remove Sexton as a magisterial candidate from the election ballot, holding that Sexton’s misdemeanor conviction of reporting a false emergency constituted a conviction of a “misdemeanor involving moral turpitude” such that he was not qualified to serve as a magistrate pursuant to the requirements for that office set forth in W. Va. Code 50-1-4. View "State ex rel. Judicial Investigation Comm’n v. Board of Ballot Comm’rs" on Justia Law

Two sets of petitioners sought review of the certified ballot title for Initiative Petition 69 (2016) (IP 69). IP 69, if enacted, would have altered the rights and obligations that public employers, their employees, and the unions representing those employees owe each other under the Public Employee Collective Bargaining Act (PECBA). IP 69, if enacted, would: (1) divide public employees within a bargaining unit into two groups (union and nonunion employees) and would provide different means for determining the employment terms (wages, benefits, and other employment terms) for each group; and (2) would determine a union’s obligation to represent union and nonunion employees within a bargaining unit equally and nonunion employees’ corresponding obligation to make “payments in lieu of dues.” Both sets of petitioners raised essentially the same challenge to the caption of the Initiative, although their specific arguments differed. ”At bottom, both sets of petitioners argue that the caption is too narrow and focuses on only some of the measure’s major effects, to the exclusion of other major effects." The Supreme Court agreed that the caption, the “yes” and “no” vote result statements, and the summary required modification. The Ballot title was referred to Attorney General for such modification. View "Vaandering v. Rosenblum" on Justia Law

The County filed suit against defendants seeking to enjoin the operation of a medical marijuana dispensary in an unincorporated area of Kern County. Defendants appealed the trial court's grant of a preliminary injunction. The court interpreted the phrase “entirely repeal the ordinance,” pursuant to Elections Code section 9144, to mean that a board of supervisors must (1) revoke the protested ordinance in all its parts and (2) not take additional action that has the practical effect of implementing the essential feature of the protested ordinance. Applying this interpretation, the court concluded that the board of supervisors did more than entirely repeal the protested ordinance banning dispensaries when it revoked that ordinance and took the additional action of repealing the 2009 ordinance, which authorized dispensaries. The practical effect of repealing the 2009 ordinance was to prohibit dispensaries, which was essentially the same as the ban of dispensaries protested by voters. Therefore, the court concluded that the County violated section 9145 by repealing the 2009 ordinance and, as a result, the court regarded the 2009 ordinance as remaining in full force and effect. Accordingly, defendants' dispensary, which is located in a commercial zone, remains an authorized use and the County cannot establish a likelihood of succeeding on the merits of its claim that defendants were operating an unauthorized dispensary. Therefore, the court reversed the judgment. View "County of Kern v. T.C.E.F., Inc." on Justia Law

Under the one-person, one-vote principle, jurisdictions must design legislative districts with equal populations. In state and local legislative districting, states may deviate from perfect population equality to accommodate traditional districting objectives. Where the maximum population deviation between the largest and smallest district is less than 10%, a state or local legislative map presumptively complies with the rule. Texas, like all other states, uses total-population numbers from the decennial census when drawing legislative districts. After the 2010 census, Texas adopted a State Senate map that has a maximum total-population deviation of 8.04%. However, measured by a voter-population baseline—eligible voters or registered voters—the map’s maximum population deviation exceeds 40%. Objectors unsuccessfully sought an injunction. The Supreme Court affirmed. The Framers endorsed allocating House seats to states based on total population. Debating what would become the Fourteenth Amendment, Congress reconsidered the proper basis for apportionment and rejected proposals to allocate House seats to states based on voter population. A voter-population rule is inconsistent with Supreme Court precedent that states and localities may comply with the one-person, one-vote principle by designing districts with equal total populations. Adopting voter-eligible apportionment would upset a well-functioning approach to districting that all 50 states and countless local jurisdictions have long followed. Representatives serve all residents. Nonvoters have an important stake in policy debates and in constituent services. View "Evenwel v. Abbott" on Justia Law

Then-State Representative Steve Hickey sponsored an initiated measure to be certified for the November 2016 general election that would, if adopted, impose a maximum finance charge against certain lenders for certain types of loans. On April 1, 2015, Hickey submitted a copy of the final version to Attorney General Marty Jackley. On May 27, 2015, Jackley filed the title and explanation that he drafted in regard to this measure with the Secretary of State. On June 5, 2015, Erin Ageton, an opponent of the measure, filed an application for a writ of certiorari, asserting that Jackley did not comply with his legal duties under S.D. Codified Laws 12-13-25.1 because his explanation failed to education the voters that the purpose and effect of the measure was to ban short-term lending in South Dakota. The circuit court denied the application for a writ. The Supreme Court affirmed, holding that the explanation was adequate under section 12-13-25.1. View "Ageton v. Jackley" on Justia Law

Petitioners sought review of the Attorney General’s certified ballot title for Initiative Petition 51 (2016) (IP 51). IP 51 was a proposed constitutional amendment that, if adopted by the voters, would have changed current voter registration methods for federal, state, and local elections in Oregon by requiring in-person registration, thereby eliminating “motor-voter,” online, and mail registration options. Its passage also would result in the expiration within 10 years of all current Oregon voter registrations and establish other new requirements that must be satisfied in order for Oregonians to register to vote. Petitioners argued that the ballot title did not satisfy the requirements of ORS 250.035(2). After review, the Oregon Supreme Court agreed that IP 51, as then-drafted, did not satisfy the requirements of Oregon law and referred the ballot title back to the Attorney General for modification. View "Nearman v. Rosenblum" on Justia Law

Petitioners seek review of the Attorney General’s certified ballot title for Initiative Petition 62 (2016) (IP 62). IP 62 applied to public employees and public employee labor organizations. If adopted by the voters, IP 62 would amend several provisions of the Oregon Public Employee Collective Bargaining Act (PECBA). Petitioners argued that the ballot title did not satisfy the requirements of ORS 250.035(2). After review, the Oregon Supreme Court agreed that IP 62, as then-drafted, did not satisfy the requirements of Oregon law and referred the ballot title back to the Attorney General for modification. View "Conroy v. Rosenblum" on Justia Law

In 2010 the IRS began to pay unusual attention to applications for exemption from federal taxes under Internal Revenue Code 501(c) coming from groups with certain political affiliations. It used "inappropriate criteria" to identify organizations with "Tea Party’" in their names, expanded the criteria to include "Patriots and 9/12," and gave heightened scrutiny to organizations concerned with “government spending, government debt or taxes,” “lobbying to ‘make America a better place to live[,]’” or “criticiz[ing] how the country is being run[.]” The IRS used a “‘Be On the Lookout’ listing” for more than 18 months. Applicants flagged by the criteria were sent to a “team of specialists,” where they experienced significant delays and requests for unnecessary information. The IRS demanded that many groups provide names of donors; a list of issues important to the organization and its position regarding such issues; and political affiliations. After the release of the Inspector General’s report, the plaintiffs sued, citing the Privacy Act, 5 U.S.C. 552a, the First and Fifth Amendments, and the Internal Revenue Code’s prohibition on the unauthorized inspection of confidential “return information,” 26 U.S.C. 6103(a), 7431. Plaintiffs sought discovery of basic information relevant to class certification. The district court ordered production of “Lookout” lists. A year later, the IRS had not complied, but sought a writ of mandamus. The Sixth Circuit denied that petition and ordered the IRS to comply. View "United States v. NorCal Tea Party Patriots" on Justia Law