Plaintiffs, ten Massachusetts voters, submitted for certification an initiative petition that sought to prohibit casino and slots gambling that had been made legal under the Expanded Gaming Act of 2011 and to abolish parimutuel wagering on simulcast greyhound races. The Attorney General declined to certify the petition for inclusion on the November Statewide election ballot, concluding that it did not meet the requirements set forth in article 48 of the Amendments to the Massachusetts Constitution. Plaintiffs filed a complaint “for relief in the nature of mandamus” seeking an order compelling the Attorney General to certify the petition. The Supreme Judicial Court granted the requested relief, holding that the Attorney General erred in declining the certify the initiative petition, as it satisfied the requirements of article 48. View "Abdow v. Attorney Gen." on Justia Law

In the second year following each Federal decennial census, the Maryland Constitution provides that the Governor and State Legislature shall reapportion the State's legislative representation in accordance with the State's current demographics. At issue before the Court of Appeals in this case was the validity of Maryland's most recently enacted legislative apportionment plan. Three petitions challenging the enacted plan were filed. After a hearing, a Court of Appeals' Special Master denied each petitioner's petition and issued his recommendation that the enacted legislative apportionment plan be upheld against each of the challenges. The Court of Appeals supported the order of the Special Master, holding that Petitioners' exceptions to the Special Master's findings and recommendations were without merit. View "In re 2012 Legislative Districting of the State" on Justia Law

Proponents Mike Spaulding and Natalie Menten proposed Initiative 76 which sought to repeal and replace the existing manner of triggering and conducting a recall election under article XXI of the Colorado Constitution, and to institute a new constitutional right to recall state and local non-elected officers. The Title Board set a title and submission clause for the initiative. Registered elector Philip Hayes objected to the Board's action. The Board modified the title and submission clause in response to Hayes' objections, but otherwise denied his motion for rehearing. The proponents contended that the initiative, title and submission clause addressed a single subject and were in compliance with state law. The Supreme Court disagreed, and concluded the Title Board acted unconstitutionally in setting a title for the initiative. The Board's action was reversed and the matter remanded for further proceedings. View "In re Title, Ballot Title, and Submission Clause for 2013-2014 #76" on Justia Law

Proponents Peter Coulter and Lisa Brumfiel proposed Initiative 129 to amend article X, section 20 of the Colorado Constitution, known as the Taxpayer's Bill of Rights (TABOR). The Initiative sought to amend TABOR to define the term "fee" and differentiate it from a tax. Petitioner Anthony sought to challenge the initiative, arguing it contained multiple subjects. Alternatively, he argued the initiative's title was misleading. The Supreme Court concluded the initiative contained a single subject, and that the title clearly expressed a single subject. Therefore the Court affirmed the action of the Title Board. View "In re Title, Ballot Title, and Submission Clause for 2013-2014 #129" on Justia Law

Plaintiffs Patricia Working, Rick Erdemir, and Floyd McGinnis appealed a circuit court judgment that held that the Jefferson County Election Commission ("the JCEC"), Probate Judge Alan King, Circuit Clerk Anne-Marie Adams, and Jefferson County Sheriff Mike Hale were immune from liability as to the plaintiffs' attorney fees. In "Working I," the Supreme Court held that a February special election was invalid on state-law grounds, and that the Governor's appointment of George Bowman to fill a vacancy on the Election Commission was lawful. On remand to the circuit court, as the "prevailing parties," plaintiffs moved for attorney fees. The trial court denied their motion, and plaintiffs appealed. In "Working II," the Supreme Court addressed plaintiffs' that the trial court erred in denying their motion for mediation, and vacated the trial court's order denying the motion for an award of attorney fees and remanded the case. On remand, the trial court concluded that the JCEC defendants had not waived their immunity defense and that plaintiffs' motion for attorney fees against defendants was precluded by the Alabama Constitution as to plaintiffs' state-law claims. Plaintiffs then filed this third, appeal. Upon review, the Supreme Court affirmed in part and remanded the case once again to the trial court for further proceedings. The Court affirmed the trial court's judgment on the issue of immunity and state-law claims, but remanded remand the case with instructions on the issue concerning section 6–6–20 and the federal-law claims. View "Working v. Jefferson County Election Commission" on Justia Law

Claudia Natalie Cabrera sought the nomination of the Maryland Democratic Party for the office of delegate in the June 2014 gubernatorial primary election, but when she tendered for filing a certificate of candidacy she was a registered member of the Republican Party. A registered voter in the legislative district that Cabrera sought to represent filed a petition in the circuit court challenging Cabrera’s candidacy. Meanwhile, the Maryland State Board of elections informed Cabrera of its intention to exclude Cabrera’s name from the primary election ballot. The circuit court declared Cabrera’s candidacy invalid and ordered Appellant’s name to be excluded from the primary election ballot. The Supreme Court affirmed, holding that a registered member of one political party may not file a valid certificate of candidacy declaring the intent to run in the primary election of another political party. View "Cabrera v. Penate" on Justia Law

In completing their affidavits to an election referendum petition, two affiants provided partially incorrect zip code information. Both circulators' petition pages contained several thousand signatures of registered voters. Despite the incorrect zip codes in the circulator affidavits, the Montgomery County Board of Elections (MCBE) certified that 34,828 of the 48,935 signatures were those of registered voters of Montgomery County, more signatures than were required by law, and certified the bill for placement on the ballot of the November 2012 general election. Seeking to prevent the referendum, Montgomery County filed a complaint against the MCBE, alleging that the MCBE had unlawfully counted the voters' signatures on the circulation petition pages because the zip codes provided by the circulators were erroneous. The circuit court granted Respondents' motion for summary judgment, concluding that the petition pages containing circulators' incorrectly recorded zip codes were invalid. The Supreme Court reversed the circuit court's ruling and upheld the MCBE's decision, holding that minor errors in the circulator affidavit will not invalidate petition signatures that are already certified by the appropriate administrative body. View "Fraternal Order of Police Lodge 35 v. Montgomery County" on Justia Law

Dick Flanagan filed an action in quo warranto challenging the qualifications of David Lucas, the Belmont County sheriff, who was elected to the office and sworn in on January 7, 2013. Specifically, Flanagan claimed that Lucas did not meet the statutory qualifications for a candidate for county sheriff and that Flanagan, the only person appearing on the ballot in the November 6, 2012 election who satisfied the statutory qualifications, was entitled to the office. The Supreme Court dismissed the action for lack of standing, holding that Flanagan, as the losing candidate, had no reasonable grounds to claim entitlement to the office of sheriff and therefore lacked standing to bring this quo warranto action. View "State ex rel. Flanagan v. Lucas" on Justia Law

Plaintiff, the former Jerauld County State's Attorney, brought a quo warranto action seeking to oust Defendant, the newly-elected State's Attorney, claiming Defendant did not qualify for and was not entitled to the office of Jerauld County State's Attorney. The circuit court denied relief, concluding that Defendant was the rightful holder of the office and was legally entitled to it. The Supreme Court affirmed, holding that because there was no evidence that Defendant usurped, intruded into, unlawfully held, or exercised the public office of Jerauld County State's Attorney, the circuit court correctly denied quo warranto relief. View "Bridgman v. Koch" on Justia Law

The issue before the Supreme Court in this case related to the service of four members of the Board of Directors for the Southern Valley County Recreation District. The State brought usurpation actions against Donald Keithly, Yvette Davis, Patrick Cowles, and Michael Smith (the Directors), alleging they usurped their offices as directors of the Recreation District. The State requested they be removed from office and sought a fine against each of them. Upon the parties' cross-motions for summary judgment, the district court ruled that this action was an election contest, rather than a usurpation action, which could be brought by the State. The district court also ruled that the Directors' actions while in office were protected by the de facto officer doctrine. The State appealed, arguing this was a proper usurpation action and the de facto officer doctrine did not apply. The Directors cross-appealed, arguing they are entitled to attorney fees. The Supreme Court concluded the matter was moot and affirmed the district court's order denying attorney fees. View "Idaho v. Keithly" on Justia Law