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

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