This case arose from a dispute between plaintiffs, seven elected officials and one citizen, and Galveston County, challenging the County's redistricting following the 2010 census. At issue was whether plaintiffs were the prevailing parties, entitling them to attorney's fees. The court reversed and remanded the district court's award of fees, holding that plaintiffs were not prevailing parties because the injunctive relief plaintiffs achieved was not material to the outcome of the case and, alternatively, nor did this relief directly or materially benefit plaintiffs. View "Petteway, et al. v. Henry, et al." on Justia Law

NYPPP filed suit against election officials and others to enjoin enforcement of New York State Election Law 14-114(8) and 14-126(2). Section 14-114(8) imposed a $150,000 aggregate annual limit on certain political contributions by any person in New York State. Section 14-126(2) made it a misdemeanor to fail to file required statements or to knowingly and willfully violate any other provision of the Election Law. NYPPP would be prevented from receiving more than $150,000 from any individual contributor in any calendar year. The court concluded that NYPPP had a substantial likelihood of success on the merits; there were important public interests at stake which were weighed against the hardships suffered by NYPPP; and the hardships faced by NYPPP and its donors from the denial of relief was significant. Accordingly, the court reversed the district court's order denying the preliminary injunction. View "New York Progress and Protection PAC v. Walsh, et al." on Justia Law

TFE filed suit against the Commission seeking an injunction and a declaration that the relevant portions of the Texas Election Code violated the First Amendment as applied to TFE. The district court preliminarily enjoined the enforcement of Tex. Elec. Code 253.094(a) - which prohibits corporations from making an unauthorized political contribution - and 253.003(b) - where an individual may not knowingly accept a political contribution - against TFE and the Commission appealed the injunction. The court concluded that the district court did not abuse its discretion by issuing a preliminary injunction because TFE was likely to succeed on the merits and because the manifest equities weighed in favor of equitable relief. Accordingly, the court affirmed the order granting the injunction. View "Texans for Free Enterprise v. Texas Ethics Commission, et al." on Justia Law

The petitioners in this case sought review of the Attorney General's certified ballot title for Initiative Petition 9 (2014). They argued the ballot title did not satisfy the requirements of ORS 250.035(2). Initiative Petition 9, if adopted by the voters, would amend provisions of the Oregon Public Employee Collective Bargaining Act. Upon review of the ballot title, the Supreme Court concluded that the proposed ballot title did not contain a concise and impartial summary of not more than 125 words that summarized the proposed measure and its effects. Furthermore, the Court found that the proposed summary of the initiative did not disclose that employees who were not members of the union but who were members of the bargaining unit would receive representation without cost. Accordingly the title was referred back to the Attorney General's office for modification. View "Towers v. Rosenblum" on Justia Law

On June 6, 2013, the Green Party of Minnesota and its chair, Brian Begin, filed a petition asserting that Respondent Secretary of State Mark Ritchie erred in decertifying the Green Party as a minor political party. Petitioners sought an order from the Supreme Court to direct the Secretary to correct his alleged error by restoring the Green Party’s minor political party status as of January 1, 2013. Because the Supreme Court concluded that the Green Party’s claims fell outside the scope of the applicable statute. As such, the Court dismissed the petition. View "Begin vs. Ritchie" on Justia Law

Since 2001, Callaghan has worked part-time at the South Portland Library. Edwards works for the Parks and Recreation Department about four hours per week. Both are subject to a personnel policy, which, following 2010-2011 amendments, provides that city employees may not seek or accept nomination or election to any South Portland elective office; use the influence of their employment for or against any candidate for city elective office; circulate petitions or campaign literature for any city elective office; solicit or receive subscriptions, contributions or political service from any person for or against any candidate for any city elective office; or use city property to assist or advocate for or against any candidate. Callaghan has served on the School Board since 2007. When Callaghan sought reelection in 2011, the City Clerk stated that the personnel policy amendments prevented placement of her name on the ballot. Edwards had served on the Board for 18 years. In 2010, Edwards expressed interest in filling a vacancy on the Board. After the City Clerk questioned whether Edwards could be appointed given his city employment, Edwards did not pursue the appointment. Edwards and Callaghan filed a complaint, 42 U.S.C. 1983, asserting that the policy was an unconstitutional restraint on political speech. The trial court entered partial summary judgment for the employees and an injunction barring enforcement of a prohibition on any city employee seeking election to or serving on the School Board or, on their own time, from circulating petitions or campaign literature and soliciting or receiving contributions or political service for or against candidates in School Board elections. The Maine Supreme Court affirmed as to the employees, but vacated the judgment to the extent that it invalidates the policy as to employees who were not parties. View "Callaghan v. City of South Portland" on Justia Law

On May 6, 2013, one day before the primary, Coughlin filed a nominating petition as a candidate the office of clerk of courts for the Stow Municipal Court in the November general election. Coughlin is a qualified elector and satisfies the statutory requirements to run for the Stow Municipal Court clerkship. On July 11, 2013, an elector, Nelsch, filed a protest, challenging Coughlin’s ability to run as either a nonpartisan or independent candidate by setting out Coughlin’s long history of association with the Republican Party. Coughlin responded in writing and at the board’s July 15, 2013 protest hearing. Coughlin argued that he was running as a nonpartisan candidate, not an independent candidate, and that the requirement of disaffiliation applies only to independent candidates. The board voted unanimously to sustain the protest and deny Coughlin’s petition. The Ohio Supreme Court granted a writ of mandamus, holding that there is no statutory provision extending the disaffiliation requirement to candidates for nonpartisan office. View "Coughlin v. Summit Cty. Bd. of Elections" on Justia Law

On January 31, 2013, Yeager submitted a declaration of candidacy to the Richland County Board of Elections, to seek the Republican Party nomination to represent the 5th Ward in the Mansfield City Council. His petitions contained sufficient valid signatures. Yeager was the only person to file a declaration of candidacy. R.C. 3513.02 provides that if in an odd-numbered year, the number of declared candidates seeking a particular party’s nomination does not exceed the number of candidates that party is entitled to nominate, then no primary will be held, and election officials shall certify the declared candidate(s) for inclusion on the general-election ballot. The board of elections certified Yeager’s candidacy for the general-election ballot without a primary, at its March 14, 2013 meeting. On April 2, 2013, the board determined that Yeager was not a qualified elector in the 5th Ward and did not reside at 462 Lily Street, the address listed on his voter-registration form. On July 9, the board officially voted to remove Yeager’s name from the November ballot. The Ohio Supreme Court granted a writ of mandamus, holding that the board, which had not received a written protest or held a hearing, acted untimely and in disregard of clearly-established law. View "Yeager v. Richland Cty. Bd. of Elections" on Justia Law

The issue before the Supreme Court in this case centered on whether Vermont’s nominating petition process for independent candidates for President of the United States unduly burdened the rights of such candidates and their supporters under the First and Fourteenth Amendments of the U.S. Constitution.  Upon review, the Court concluded that the trial court correctly held that it does and affirmed the trial court’s judgment for plaintiffs Ross “Rocky” Anderson, an independent candidate for President in the 2012 election and his campaign coordinator, plaintiff Benjamin Eastwood. Plaintiffs gathered 1400 signatures from at least twenty-two towns and cities.  However, supporters were delayed and ultimately frustrated in their nomination efforts by the Secretary of State’s interpretation of 17 V.S.A. 2402. As a result, plaintiffs were only able to get town clerk certification for 580 signatures before a June 14 deadline. The trial court concluded that overall, the statute appeared to be a reasonable regulation of elections.  Nonetheless, the trial court denied the State’s motion to dismiss and granted plaintiffs permanent injunctive relief on the ground that the Secretary of State’s requirement that town clerks certify only names listed on original statements (as opposed to faxes or photocopies of those statements) unduly burdened plaintiffs’ First and Fourteenth Amendment rights.  The trial court denied plaintiffs’ request that the court eliminate the certification requirement altogether. The State appealed, arguing that the “original statement” requirement serves important state interests and imposes only a minor burden on plaintiffs’ rights. Upon review, the Supreme Court agreed with the trial court that the Secretary of State’s requirement that town clerks certify only original statements when performing their function pursuant to 17 V.S.A. 2402(a)(4) unconstitutionally burdened plaintiffs’ constitutional rights.  Therefore, the Court affirmed the trial court’s judgment and permanent injunction for plaintiffs. View "Anderson v. Vermont " on Justia Law

Petitioners obtained sufficient signatures to challenge a proposed tax increase approved by the Orem City Council via a referendum petition. The referendum petition was scheduled to go to a vote in the November 2013 election. In November 2012, the city attorney filed a final ballot title with the city recorder. Dissatisfied with the chosen language for the ballot title, Petitioners filed a petition for extraordinary relief, challenging the wording. The Supreme Court held that the city attorney did not abuse his discretion in drafting the proposed ballot title and that the proposed wording satisfied the statutory direction that the title be an impartial and true statement of the purpose of the measure. View "Burr v. City of Orem" on Justia Law