Political groups challenged the constitutionality (42 U.S.C. 1983) of two provisions of Pennsylvania’s election code that regulate ballot access. Sections 2911(b) and 2872.2(a), require that candidates seeking to be included on the general election ballot (other than Republicans and Democrats) submit nomination papers with a specified number of signatures. Section 2937 allows private actors to object to such nomination papers and have them nullified, and permits a Pennsylvania court, as that court deems “just,” to impose administrative and litigation costs on a candidate if that candidate’s papers are rejected. The district court dismissed for lack of standing. The Third Circuit reversed, finding that the aspiring political parties established that their injury-in-fact can fairly be traced to the actions of the Commonwealth officials and that the injuries are redressable. View "Constitution Party of PA v. Aichele" on Justia Law

Following the 2010 census, and pursuant to state law, Chicago sought to reapportion its 50 aldermanic wards, 65 ILCS 20/21-36. The City Council conducted hearings to solicit the views of citizens and, in 2012, approved the redistricting plan by a vote of 41 to eight. Chicago’s population was 2,695,598, which, if divided equally, would result in 53,912 people in each ward. The wards created by the new map deviate from the average population per ward by a maximum of 8.7 percent. Objectors alleged that the new map was implemented prematurely and deprived constituents of their right to equal protection; that the maximum deviation of 8.7 percent violated the Equal Protection Clause; that the map was arbitrary; that it politically discriminated against “independent” aldermen; and that it departed from traditional redistricting criteria. The district court dismissed, finding that the objectors had not alleged permanent disenfranchisement nor a change to election law and had failed to establish prima facie unconstitutionality because a maximum population deviation below 10 percent is considered minor. The complaint did not allege that the map targeted an objectively defined group. The map preserved the voting rights of minorities; disfavoring certain aldermen over others is an inherent part of the political process and an inevitable result of redistricting. The Seventh Circuit affirmed.View "League of Women Voters of Chicago v. City of Chicago" on Justia Law

Illinois law bars persons convicted of certain crimes from holding public office, 10 ILCS 5/29-1-5. Parker sought to run for a seat on the Peoria school board. The state’s attorney sought to bar Parker, who had been convicted of felony theft in the 1980s, from pursuing that office. After a brief hearing held on short notice, a state court ordered Parker’s name removed from the ballot and enjoined him from running. Parker sued in federal court, arguing violations of due process and equal protection by denying him a chance to defend himself and targeting him based on his race (African American), and challenging the constitutionality of the law on its face. The district court dismissed the suit as barred by the Rooker-Feldman doctrine, immunity, and claim preclusion. The Seventh Circuit affirmed, finding that immunity, not Rooker-Feldman, bars the enforcement claims and that, even if claim preclusion did not preclude a facial attack on the statute, that challenge fails on the merits. View "Parker v. Lyons" on Justia Law

VRLC is a non-profit corporation and VRLC-FIPE is a political committee formed under Vermont law. VRLC challenged three disclosure provisions of Vermont's election laws as unconstitutionally vague and violating freedom of speech. The court concluded that the Vermont statutory disclosure provisions concerning electioneering communications and mass media activities are constitutional and did not violate the Fourteenth Amendment's due process guarantee due to vagueness nor the First Amendment's free speech guarantee; Vermont's "political committee" definition did not violate the Fourteenth Amendment's due process guarantee because of vagueness nor violate the First Amendment's free speech guarantee; and Vermont may impose contribution limits on VRLC-PC, an entity that makes contributions to candidates, and the statute's contribution limits were constitutionally applied to VRLC-FIPE, which claims to be an independent-expenditure-only PAC. Accordingly, the court affirmed the district court's grant of summary judgment to defendants. View "Vermont Right to Life Committee v. Sorrell, et al." on Justia Law

Beavers was a Chicago alderman from 1983-2006, when he began serving as a Cook County Commissioner. He was the chairman of each of his three campaign committees and the only authorized signor for each committee’s bank account. Beavers’ federal tax returns underreported his 2005 income, misstated expenditures in semi-annual disclosure reports (D-2s), did not disclose use of campaign funds to increase his pension annuity, misrepresented loans between the committees and Beavers, did not report monthly stipends that Beavers took as a Commissioner, and did not disclose that Beavers wrote himself checks totaling $226,300 from committee accounts to finance gambling trips, without documenting the purpose of the expenditures or any repayment. After federal agents approached Beavers in connection with a grand jury investigation, Beavers filed amended tax returns and attempted to repay the committees. Beavers was convicted of three counts of violating 26 U.S.C. 7206(1), which prohibits willfully making a material false statement on a tax return, and with one count of violating 26 U.S.C. 7212(a), which prohibits corruptly obstructing the IRS in its administration of the tax laws. Beavers was sentenced to six months’ imprisonment and was ordered to pay about $31,000 in restitution and a $10,000 fine. The Seventh Circuit affirmed. View "United States v. Beavers" on Justia Law

The Supreme Court reviewed actions of the Title Board in setting title and ballot title and submission clauses for initiative 2013-2014 #89. Proponents complained that the titles did not contain one subject or that the title was not clear. The Court found no reversible error and affirmed the Title Board. View "In the Matter of the Title, Ballot Title, and Submission Clause for 2013-2014 #89" on Justia Law

The Supreme Court reviewed actions of the Title Board in setting titles and ballot title and submission clauses for initiatives 2013-2014 90 and 93. Proponents complained that the titles did not contain one subject or fairly reflect the purpose of the proposed initiatives. The Court found no reversible error and affirmed the Title Board. View "In re Title, Ballot Title and Submission Clause for 2013-2014 #90 and #93" on Justia Law

The Supreme Court reviewed actions of the Title Board in setting titles and ballot title and submission clauses for initiatives 2013-2014 85, 86 and 87. Proponents complained that the titles did not contain one subject or fairly reflect the purpose of the proposed initiatives. The Court found no reversible error and affirmed the Title Board. View "In re Title, Ballot Title and Submission Clause for 2013-2014 #85, #86, and #87" on Justia Law

After the Title Board set titles and submission clauses for Proposed Initiative 2013-2014 #103, petitioners moved for a rehearing, claiming the initiative contained more than one subject and was impermissibly vague. One of the initiative's representatives was unable to attend the rehearing. The Secretary of State's office suggested that a designated representative withdraw and a substitute alternate attend the hearing. The Title Board allowed the substitution and proceeded to deny the petitioner's motion. On appeal, petitioners argued that the proposed initiative still contained too many subjects and was impermissibly vague. Furthermore, the argued the Title Board did not have authority to allow the substitute representative. The Supreme Court agreed that the Title Board's approval of the substitute was improper. Therefore, the Court reversed the Title Board's action and remanded the case back to the Board without decision on claims that the initiative addressed more than one subject or was vague. View "In re Proposed Initiative 2013-2014 #103" on Justia Law

Plaintiffs brought lawsuits challenging the validity of the 2012 congressional apportionment plan (Plan) under the Florida Constitution's redistricting standards. At issue before the Supreme Court was whether Florida state legislators and legislative staff members had an absolute privilege against testifying as to issues directly relevant to whether the Legislature drew the Plan with unconstitutional partisan or discriminatory intent. The circuit court permitted the discovery of information and communications, including the testimony of legislators, pertaining to the constitutional validity of the Plan. The court of appeal reversed, holding that the legislators had the absolute protection of a legislative privilege. The Supreme Court quashed the court of appeal's decision and approved the circuit court's order, holding (1) Florida recognizes a legislative privilege founded on the constitutional principle of separation of powers; but (2) this privilege is not absolute where, as in this case, the purposes underlying the privilege are outweighed by the compelling, competing interest of effectuating the explicit constitutional mandate that prohibits partisan political gerrymandering and improper discriminatory intent in redistricting.View "League of Women Voters of Fla. v. Fla. House of Representatives" on Justia Law