This case was before the court for review of the Fourth District Court of Appeal in Snipes v. Telli, which held that the Florida Constitution permitted Broward County to impose term limits on the office of the county commissioner. Because the court receded from its decision in Cook v. City of Jacksonville, the court approved the Fourth District's decision and held that Broward County's term limits did not violate Florida's Constitution. View "Telli v. Broward County, et al." on Justia Law

Henry Cook appealed the trial court's ruling that he was not a resident of Randolph County and therefore not an elector qualified to vote in that county. The court granted Cook's application for discretionary appeal and directed the parties to address the court's jurisdiction over this appeal as well as the merits of the trial court's ruling. Because a determination of voter qualifications, not clearly linked to a particular election, did not bring an appeal within the Supreme Court's jurisdiction over "cases of election contest," and because no other basis for this court's jurisdiction appeared to exist, the court transferred the case to the Court of Appeals and did not reach the merits. View "Cook v. Board of Registrars of Randolph County" on Justia Law

Petitioners commenced this special proceeding seeking a declaration that Chapter 16 of Laws of 2012, insofar as it expanded the size of the New York State Senate from 62 to 63 districts, was unconstitutional. Specifically, petitioners argued that the Legislature's failure to apply a consistent method of calculating the number of Senate seats due to population growth throughout the State was arbitrary and violated article III, section 4 of the New York State Constitution. The court found that petitioners have failed to satisfy their heavy burden of establishing the unconstitutionality of this legislation and therefore affirmed. View "Cohen v Cuomo" on Justia Law

After applying legal precedent establish in Fischer v. State Board of Elections (Fischer II), the trial court found the legislative redistricting plans of H.B. 1 facially unconstitutional and issued a temporary injunction preventing the Secretary of State and Board of Elections from implementing the legislative districts created by the Bill. The Legislative Research Commission (LRC) appealed, asking the Supreme Court to overrule the constitutional standards for redistricting legislative districts delineated in Fischer II. The Supreme Court affirmed, holding that the Bill violated the Kentucky Constitution by failing to achieve sufficient population equality and by failing to preserve county integrity. Remanded to enjoin permanently the conduct of any election under the district boundaries established by the Bill. View "Legislative Research Comm'n v. Fischer" on Justia Law

Plaintiff appealed the district court's grant of summary judgment in favor of defendants. Plaintiff alleged that defendants violated the Help America Vote Act of 2002 (HAVA), 42 U.S.C. 15301-15545, by failing to conduct a general election recount, in which plaintiff lost, in accordance with HAVA provisions. Because HAVA section 301 was not intended to benefit voters and candidates in local elections with respect to recounts, such individuals did not have a private right of action under 42 U.S.C. 1983. Therefore, the court affirmed the district court's dismissal of plaintiff's claims for failure to state a claim. View "Crowley v. State of Nevada, et al." on Justia Law

In early 2011, Colleen Mathis was selected as the chairperson of the Arizona Independent Redistricting Commission (IRC). In October 2011, the Governor notified the Commissioners of allegations that they had committed substantial neglect of duty and gross misconduct in office. The next month, the Secretary of State sent a letter to Mathis removing her from the IRC. Two-thirds of the Senate concurred in the removal, and Mathis was removed from office. Three days later, the IRC petitioned the Supreme Court for special action relief, claiming that the Governor exceeded her limited removal authority and that the Governor and the Senate violated separation-of-powers principles by usurping powers of the IRC and the judiciary. The Court accepted special action jurisdiction and (1) concluded, as a matter of law, that neither of the Governor's two stated grounds for removing Mathis constituted substantial neglect of duty or gross misconduct in office, as required by the Arizona Constitution; and (2) ordered that Mathis be reinstated as chair of the IRC. View "Ariz. Indep. Redistricting Comm'n v. Mathis" on Justia Law

Ralph Nader, an independent candidate for President in the 2004 presidential election, and his Maine presidential electors (collectively, Nader) filed a six-count complaint against the Maine Democratic Party (MDP) and others, alleging that Defendants took direct action, and conspired with others, to prevent Nader from appearing on the ballot in Maine and other jurisdictions as a candidate in the 2004 presidential election. The superior court granted Defendants' special motions to dismiss Nader's complaint pursuant to the Maine anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, concluding that Defendants satisfied their burdens under the statute of showing that their activity of challenging nomination petitions was activity manifesting their right of petition under the state and federal Constitutions and that Nader had failed to meet his burden of showing Defendants' efforts were devoid of any reasonable factual support or any arguable basis in law. The Supreme Court vacated the judgment of the superior court, concluding that the Maine anti-SLAPP statute may not be invoked to achieve dismissal of claims alleging abuses of process without giving the plaintiff the opportunity to establish a prima facie case to support the claims. Remanded. View "Nader v. Me. Democratic Party" on Justia Law

Proposition 200, Ariz. Rev. Stat. 16-166(F)(the registration provision), required prospective voters in Arizona to provide proof of U.S. citizenship in order to register to vote and required registered voters to show identification to cast a ballot at the polls, Ariz. Rev. Stat. 16-579(A)(the poll place provision). At issue on appeal was whether Proposition 200 violated section 2 of the Voting Rights Act of 1965 (VRA), 42 U.S.C. 1973, was unconstitutional under the Fourteenth Amendment or Twenty-fourth Amendment to the Constitution, or was void as inconsistent with the National Voter Registration Act of 1993 (NVRA), 42 U.S.C. 1973gg et seq. The court upheld Proposition 200's requirement that voters show identification at the polling place, but concluded that the NVRA superseded Proposition 200's registration provision as that provision was applied to applicants using the National Mail Voter Registration Form to register to vote in federal elections. View "Gonzalez, et al. v. State of Arizona, et al." on Justia Law

In an original proceeding, the Supreme Court reviewed the Ballot Title Setting Board's findings that proposed Initiative 2011-2012 No. 45, its title, and its ballot title and submission clause contained a single subject. Upon review, the Court held that the Title Board was correct: Initiative 45 and its Titles stated a single subject: "public control of waters." The Court concluded this title complied with article V section 1(5.5) of the Colorado Constitution and section 1-40-106.5, C.R.S. (2011). View "In the Matter of the Ballot Title & Submission Clause for 2011-2012 No. 45" on Justia Law

In an original proceeding, the Supreme Court reviewed the Ballot Title Setting Board's findings that proposed Initiative 2011-2012 No. 3, its title, and its ballot title and submission clause contained a single subject. Upon review, the Court held that the Title Board was correct: Initiative 3 and its Titles stated a single subject: "the public's rights in the waters of natural streams." The Court concluded this title complied with article V section 1(5.5) of the Colorado Constitution and section 1-40-106.5, C.R.S. (2011). View "In the Matter of the Ballot Title & Submission Clause for 2011-2012 No. 3" on Justia Law