Plaintiffs, the League of Women Voters of Wisconsin Education Network, Inc. and its president, brought a facial challenge to Wisconsin’s voter identification law, asserting that the legislature lacked authority under Article III of the Wisconsin Constitution to require an elector to present Act 23-acceptable photo identification. Act 23 requires an elector to present one of nine acceptable forms of photo identification in order to vote. The circuit court granted Plaintiffs’ motion for summary judgment, concluding that the challenged portions of Act 23 were unconstitutional in that they served as a condition for voting at the polls. The court of appeals reversed. The Supreme Court affirmed, holding (1) Plaintiffs failed to show that the photo identification requirement was on its face an additional qualification for voting; (2) Act 23 was validly enacted pursuant to the legislature’s authority; and (3) Plaintiffs’ facial challenge failed because Act 23’s requirement to present photo identification is a reasonable regulation that could improve and modernize election procedures, safeguard voter confidence, and deter voter fraud. View "League of Women Voters of Wis. Educ. Network, Inc. v. Walker" on Justia Law

Karen Chastain submitted to the Kansas City Clerk an initiative petition seeking adoption of an ordinance that would impose additional sales taxes for “capital improvements” and “transportation purposes.” The City filed a petition seeking a declaration that the proposed ordinance violated Mo. Const. art. III, 51. The trial court declared that the proposed ordinance was unconstitutional because the ordinance was used for the appropriation of money. The Supreme Court reversed, holding that the trial court erred in concluding that the ordinance violated article III, section 51 because the ordinance merely imposed additional sales taxes, and there was no appropriation. Remanded.View "City of Kansas City v. Chastain" on Justia Law

Doug Clark, the incumbent Constable for the Downtown Justice of the Peace Precinct of Maricopa County, challenged the sufficiency of Jimmy Munoz Jr.’s nominating petitions. The trial court removed Munoz’s name from the ballot for the office of Constable, concluding (1) several of Munoz’s petition sheets were invalid because they contained a photograph of the Maricopa County Constable’s badge that could confuse or mislead voters, and (2) when the signatures on these sheets were excluded, Munoz had fewer than the required number of valid signatures. The Supreme Court affirmed, holding that Munoz’s petition sheets containing the photograph did not substantially comply with Ariz. Rev. Code 16-315(A), and therefore, the trial court correctly removed Munoz’s name from the primary ballot. View "Clark v. Munoz" on Justia Law

Dan Shooter filed a petition seeking to remove Toby Farmer’s name from the primary ballot for the office of State Senator for Legislative District 13 on the grounds that seven of the signatures on two of Farmer’s petition sheets were signed by persons other than the voters whose names had been signed. Shooter asked the trial court to infer that Farmer knew of the forgeries. The trial court declined to do so and determined that petition forgery had not been proved. Accordingly, the court did not remove Farmer’s name from the ballot. The Supreme Court affirmed the trial court’s judgment and denied Farmer’s request for attorney’s fees, holding that the trial court’s factual findings were not clearly erroneous and that Shooter did not act in bad faith. View "Shooter v. Farmer" on Justia Law

Initiative Petition 30, if adopted, would have changed the minimum tax corporations paid: it would have eliminated the current cap on minimum taxes, and changed the cap on certain others. Petitioners sought review of the certified ballot title for IP 30 (2014). After the Supreme Court conducted its review, the Court referred the caption, “yes” and “no” result statements and the initiative summary back to the Attorney General for further modification. View "McCann / Harmon v. Rosenblum" on Justia Law

This case centered on the contested March 19, 2013 election in Center, Colorado. The district court set aside the results of the recall, ordered a new recall election, and allowed the recalled officials to continue until the new election was conducted. The recalled officials challenged the district court's decision, arguing that court erred in setting aside the recall and ordering a new election, and erred in determining that there were flaws in how the votes were counted. Upon review, the Supreme Court concluded the district court erred as a matter of law in setting aside the recall and ordering a new recall election. Accordingly, the Court returned the case back to the district court with directions that judgment be entered that the replacement officials were duly elected. View "In re Jones v. Samora" on Justia Law

In 2014, Lawrence J.C. VanDyke filed his declaration of nomination as a candidate for election to the Montana Supreme Court. Plaintiffs subsequently filed a complaint in the district court seeking to have VanDyke’s candidacy invalidated on the basis that VanDyke was not admitted to the practice of law in Montana for at least five years prior to the date of election as required by the Montana Constitution. The district court ruled that VanDyke did not meet the minimum eligibility requirements because, although VanDyke was a member of the State Bar of Montana continuously from 2005 to the present day, when VanDyke elected to assume inactive status from 2007 until 2012, he was not authorized or qualified to practice law. The Supreme Court reversed, holding that VanDyke’s admission to the practice of law in Montana in 2005 satisfied the Constitution’s requirement that a candidate for Supreme Court Justice be “admitted to the practice of law in Montana for at least five years prior to the date of appointment or election,” notwithstanding VanDyke’s choice to take inactive status for some of those years. View "Cross v. VanDyke" on Justia Law

On May 7, 2014, the General Assembly passed the Senate Committee Substitute for Senate Joint Resolution 36 (SJR 36). On June 13, 2014, the secretary of state certified the official ballot title. The ballot title was then placed on the August 5, 2014 state primary election ballot pursuant to the governor’s decision calling for a special election on SJR 36. After the ballot title was certified, two groups of Appellants filed suit challenging the fairness and sufficiency of the summary statement in the ballot title. The trial court consolidated the cases and, on July 1, 2014, determined that the cases were moot because Mo. Rev. Stat. 115.125.2 prohibits changes to a ballot title within six weeks of the election. The Supreme Court dismissed the appeal as moot, holding that, pursuant to section 115.125.2, the Court could not grant effectual relief to Appellants. View "Dotson v. Kander" on Justia Law

In 2010, the City of Whitefish passed Resolution 10-46, which authorized the City to enter into an interlocal agreement with Flathead County concerning planning and zoning authority over a two-mile area surrounding the City. In 2011, voters in Whitehead passed a referendum repealing the Resolution. Plaintiffs, residents of the City and the County, filed the present lawsuit claiming that the citizens’ power of referendum and initiative did not extend to the Resolution. The district court agreed with Plaintiffs and granted summary judgment to Plaintiffs and the County. The Supreme Court affirmed, holding that the district court (1) did not err by not dismissing the suit as untimely based upon the doctrine of laches; and (2) did not err by determining that the Resolution was not subject to the right of voter initiative and referendum because the Resolution was an administrative act by the City. View "Phillips v. City of Whitefish" on Justia Law

Five voters owned homes in a borough and a home outside that borough. Two of the voters voted in the borough's 2010 election. All five voted in the borough's 2011 election. Although each voter was registered to vote, the borough's canvassing committee rejected the voters' ballots in each election on the ground that they were not borough residents. The voters appealed to the superior court and brought direct claims against the borough and a number of borough officials in their official and individual capacities. The court ruled that the voters were borough residents and legally qualified to vote in the 2010 and 2011 borough elections, and that the voters were to remain eligible to vote in future borough elections absent substantial changes in circumstances. The court denied the voters full reasonable attorney fees against the borough under AS 09.60.010(c), concluding that they did not bring constitutional claims, but awarded them partial attorney fees under Alaska Civil Rule 82. The borough appealed the residency determinations and the voters appealed the attorney fees awards. Upon review, the Supreme Court affirmed the superior court’s decisions that the voters were borough residents and eligible to vote in the 2010 and 2011 borough elections, but vacated the order that the voters were automatically eligible to vote in future elections. The Court reversed the superior court's determination that the voters did not bring constitutional claims covered by AS 09.60.010(c), and remanded the case on the fee issue. View "Lake & Peninsula Borough Assembly v. Oberlatz" on Justia Law