Intervenors were sponsors of a proposed constitutional amendment that would authorize them to own and operate casinos in four specified counties within the state. Respondent was the secretary of state and certified intervenors' proposed amendment for the November 6, 2012 general election. Petitioners were taxpayers, voters, and members of the Arkansas Racing Alliance, a ballot-question committee expressly organized to advocate for the defeat of two proposed constitutional amendments, one of which was intervenors'. In this original action, Petitioners requested that the Supreme Court declare the initiative petition insufficient and the revised ballot title invalid and enjoin Respondent from placing the proposed constitutional amendment on the general election ballot. The Court vacated the certification, holding that the certification of intervenors' revised ballot title was improper because that title was not attached to the petition circulated to, and signed by, the voters. View "Walmsley v. Todd" on Justia Law

In 2006, two ballot measures were placed before Oregon voters at the polls. Measure 46 (2006) sought to amend the Oregon Constitution to permit the enactment of laws prohibiting or limiting electoral campaign "contributions and expenditures, of any type or description." Measure 47 (2006) sought to create new campaign finance statutes that would, essentially, statutorily implement the constitutional changes proposed in Measure 46. Voters rejected Measure 46 but approved Measure 47. The issue before the Supreme Court in this case required the examination of the operative text of Measure 47. The trial court concluded that the text at issue was severable from the ballot measure and ruled that the remaining provisions of the measure were, according to the plain text of the measure itself, dormant. The Court of Appeals affirmed that judgment. Upon review, the Supreme Court also affirmed the trial court's judgment and the decision by the Court of Appeals. View "Hazell v. Brown" on Justia Law

Appellant Ivan Gonzalez-Cancel aspired to run for Governor of Puerto Rico as Partido Nuevo Progresista's ("PNP") candidate in the 2012 general election. When he applied for the job, however, PNP said he was not qualified. Gonzalez-Cancel and Jose Barbosa, a supporter of Gonzalez-Cancel's candidacy, sued PNP and Puerto Rico's Elections Commission in federal court, alleging that the decision violated their constitutional rights. The district court dismissed the complaint for lack of jurisdiction, concluding that Appellants' claims did not fall within one of the few narrow exceptions required for a federal court's intervention in state or local electoral disputes. The First Circuit Court of Appeals affirmed, holding that the exercise of federal jurisdiction over this election dispute was not appropriate. View "Gonzalez-Cancel v. Partido Nuevo Progresista" on Justia Law

This was an expedited election action in which Relator, the city of Brecksville, sought writs of mandamus and prohibition to prevents Respondents, the secretary of state and Cuyahoga County board of elections, from certifying an initiative petition and submitting the initiative to electors at the November 6, 2012 general election. The petition was filed in respect to Citizens United v. Fed Election Comm. and was titled, "Initiative in support of movement to amend the U.S. Constitution to establish that corporations are not people and money is not speech" and proposed certain ordinances to city electors for their proposal. The Supreme Court (1) dismissed the purported mandamus claim for lack of jurisdiction, as the city's request actually sought a declaratory judgment and a prohibitory injunction; and (2) denied the writ of prohibition, holding that the ordinances proposed by the initiative constituted proper legislative action. View "State ex rel. Brecksville v. Husted" on Justia Law

Petitioners, individually and on behalf of Coalition to Preserve Arkansas Values (CPAV), brought this original action requesting the Supreme Court to review the legal sufficiency of the popular name and ballot title of the Arkansas Medical Marijuana Act. CPAV requested the Court to declare the popular name and ballot legally insufficient and hold that, if enacted, the Act would conflict with the state and federal constitutions and would violate state and federal law. CPAV further asked the Court to remove the Act from the November 6, 2012 ballot. The Supreme Court denied the petition, holding that the Act's popular name and ballot title were legally sufficient, and therefore, the Act was proper for the inclusion on the ballot at the general election on November 6, 2012. View "Cox v. Martin" on Justia Law

LR-123 was enacted by the Montana Legislature in 2011. It proposed a vote in the November 2012 general election on whether to provide a tax credit and potential tax refund, or outright State payment, to individuals in years in which there is a certain level of projected surplus revenue. Plaintiffs filed a complaint contending LR-123 was unconstitutional because it unlawfully delegated legislative powers. The constitutional issue in this case turned upon whether LR-123 impermissibly delegated legislative power to an employee (the legislative fiscal analyst) of one of the Legislature's committees. The district court found that LR-123 unconstitutionally delegated legislative power to the legislative fiscal analyst. The Supreme Court affirmed, holding that LR-123 was unconstitutional on its face and therefore may not appear on the ballot in November 2012. View "MEA-MFT v. McCulloch" on Justia Law

The Maryland Dream Act seeks to exempt certain students from paying out-of-state tuition rates at higher education institutions in Maryland. Following the enactment of the Act, MDPetitions.com petitioned to refer the Act to Maryland's 2012 general election ballot. The State Board of Elections certified the petition for referendum. In response to the Board's certification, Appellants, representing a group of individuals supporting the Act, challenged its referability and sought to remove the Act from consideration on the November 2012 ballot. The trial court entered summary judgment against Appellants, finding that the Act was a proper subject for referendum. The Supreme Court affirmed, holding that the Act was not a law "making any appropriation for maintaining the state government" within the meaning of Md. Const. art. XVI, 2, and therefore was not exempt from referendum. View "Doe v. Bd. of Elections" on Justia Law

Latrice Westbrooks filed a Qualifying Statement of Intent with the Secretary of State's Office to declare her intent to be a candidate for the office of Court of Appeals of the State of Mississippi, District 2, Position 2. The State Board of Election Commissioners in a unanimous vote, determined that Westbrooks did not meet the qualifications to seek election. Westbrooks sought judicial review, and the circuit court entered an Order Granting Permanent Injunction and Order Granting Declaratory Judgment. The circuit court ordered the Board immediately to add Westbrooks's name to the ballot as a candidate for the office. Aggrieved, the Board appealed to the Supreme Court via a Bill of Exceptions and a Notice of Appeal. Upon review, the Court found that Westbrooks did not meet the residency requirement. Therefore, the circuit court erred in finding that Westbrooks was a qualified candidate for the position as required for candidacy. The circuit court's Order Granting Permanent Injunction and Order Granting Declaratory Judgment was vacated. View "Bryant v. Westbrooks" on Justia Law

Plaintiffs claimed that West Virginia's 2011 congressional redistricting plan violated the "one person, one vote" principle that the Court held to be embodied in Article I, section 2, of the United States Constitution. A three-judge District Court for the Southern District of West Virginia agreed, declaring the plan "null and void" and enjoining West Virginia's Secretary of State from implementing it. The state defendants appealed directly to the Court. Because the District Court misapplied the standard for evaluating such challenges set out in Karcher v. Daggett, and failed to afford appropriate deference to West Virginia's reasonable exercise of its political judgment, the Court reversed. View "Tennant v. Jefferson County" on Justia Law

Appellant-Respondent George Tempel and Respondents-Appellants the State Election Commission and South Carolina Republican Party appealed a circuit court order concerning the candidacy of Respondent-Appellant Paul Thurmond for Senate District 41. Thurmond electronically filed a Statement of Economic Interests (SEI). Thirty minutes later, he filed his Statement of Intention of Candidacy (SIC) for the Republican Party primary for Senate District 41. However, he did not file a paper copy of his SEI along with his SIC as required by section 8-13-1356(B). All of the other Republican contenders for the Senate District 41 seat were decertified for failing to comply with section 8-13-1356(B). However, Thurmond's name remained on the ballot, and he received over 1,700 votes. He was subsequently declared the Republican candidate for the seat. The circuit court found Thurmond was not exempt from the filing requirement of section 8-131356(B) of the South Carolina Code. S.C. Code Ann. 8-13-1356(B) (Supp. 2011). Thus, Thurmond was disqualified as the Republican nominee for the District 41 seat. The judge ordered the Republican Party to conduct a special primary election pursuant to section 7-11-55. S.C. Code Ann. 7-11-55 (Supp. 2011). Upon review, the Supreme Court affirmed the circuit court's order. View "Tempel v. So. Carolina Election Comm'n" on Justia Law