In consolidated ballot title review cases, petitioner Hurst and petitioners Van Dusen and Steele challenged the Oregon Attorney General’s certified ballot title for Initiative Petition 50 (2020) (IP 50). If adopted, IP 50 would amend ORS 468A.205, which set aspirational greenhouse gas emissions reduction goals, including the goal of achieving greenhouse gas levels that were at least 75% below 1990 levels by the year 2050. ORS 468A.205(1)(c). The current statute also expressly provided that it did not create any additional regulatory authority for any agency of the executive department. IP 50 would amend ORS 468A.205 to mandate staged reductions in greenhouse gas emissions from fossil fuel and industrial sources (including achieving greenhouse gas emissions levels that are “at least 100 percent below 1990 levels” by 2050); to require the Environmental Quality Commission (EQC) to adopt rules to ensure compliance with the new greenhouse gas emissions limits; and to require the Department of Environmental Quality to enforce the rules that the EQC adopts. The Oregon Supreme Court concluded that certain of petitioner Hurst’s arguments that the ballot title did not substantially comply with ORS 250.035(2) were well taken, and thus the Court referred the ballot title to the Attorney General for modification. View "Hurst/Van Dusen v. Rosenblum" on Justia Law

To slow the spread of the COVID-19 pandemic, Wisconsin’s Governor ordered Wisconsinites to stay at home until April 24. An unprecedented number of voters requested absentee ballots for the state’s spring election, resulting in a severe backlog of ballots not promptly mailed to voters. Plaintiffs, including the Democratic party, sued the Wisconsin Elections Commission and, on April 2, obtained a preliminary injunction that extended the deadline for voters to request absentee ballots and extended the deadline for election officials to receive completed absentee ballots.On the day before the April 7 election, the Supreme Court stayed the preliminary injunction to the extent it required Wisconsin to count absentee ballots postmarked after April 7. The Court declined to address “the wisdom of” proceeding with the scheduled election, opting to answer “a narrow, technical question.” While the deadline for the municipal clerks to receive absentee ballots is extended to April 13, those ballots must be mailed and postmarked by election day.The plaintiffs had not asked that the court allow ballots postmarked after election day to be counted; the court unilaterally ordered that such ballots be counted if received by April 13. That extension would fundamentally alter the nature of the election and would afford relief that the plaintiffs did not seek. In its order enjoining the public release of any election results for six days after election day, the district court essentially enjoined nonparties. The Court noted no evidence that voters who requested absentee ballots at the last minute would be in a substantially different position from late-requesting voters in other Wisconsin elections with respect to receiving ballots; the deadline for receiving ballots was extended to ensure that their votes count. The Court declined to express an opinion on whether other election procedure modifications are appropriate in light of COVID–19. View "Republican National Committee v. Democratic National Committee" on Justia Law

In this case involving a Minnesota voter's request for access to information in Minnesota's statewide voter registration list the Supreme Court held that registered Minnesota voters have access to "public information lists" as defined by law, as well as to information provided by the secretary of state, but the Legislature has restricted access to the other information sought.A statewide voter registration list is contained in the Statewide Voter Registration System (SVRS). The Secretary of State is responsible for administering the SVRS, and the Legislature has allowed some of the information in the SVRS to be made available for inspection in the form of a "public information list." Plaintiff sought access to non-private government data"from the SVRS. The Secretary informed Plaintiff that he was entitled to information in the SVRS related to currently registered Minnesota voters but declined to produce SVRS information on voter status and other issues. The district court ordered the Secretary to produce the requested data. The court of appeals affirmed. The Supreme Court reversed, holding that the relevant provisions of the Minnesota Government Data Practices Act and the Minnesota Election Law provides that access to the voter registration list contained in the SVRS is limited to "public information lists" and to information provided by the Secretary. View "Cilek v. Office of Minnesota Secretary of State" on Justia Law

Appellants Eric Early and his election committee, Eric Early for Attorney General 2018 (collectively, Early), appealed the denial of their petition for writ of mandate to preclude respondent Xavier Becerra from running for Attorney General in 2018. Early contended that Becerra, appointed Attorney General by former Governor Brown in 2016, was not eligible for the office under Government Code section 12503. Becerra was an “inactive” member of the California State Bar from 1991 to the end of 2016. Government Code section 12503 provided: “No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office.” Early argues that an “inactive” attorney may not practice law in California and therefore is not “admitted to practice” under Government Code section 12503. The Court of Appeal disagreed, finding both active and inactive attorneys were members of the State Bar. The phrase “admitted to practice” referred to the event of admission to the bar and the status of being admitted, and did not require engagement in the “actual” or “active” practice of law. Becerra did not cease to be “admitted to practice” in California when he voluntarily changed his status to “inactive.” View "Early v. Becerra" on Justia Law

The Supreme Court dismissed the Libertarian Party of Ohio's complaint asking the Supreme Court to invalidate Directive 2020-06 and establish procedures for completing the 2020 primary election, holding that subsequent actions by the secretary of state and the general assembly rendered those requests moot.On March 16, 2020 the director of the Ohio Department of Health issued an order closing polling places in Ohio to avoid the threat of exposure to COVID-19. That same night, the Secretary of State issued Directive 2020-06, which purported to extend absentee voting through June 1 and set June 2 as the date for in-person voting at polling places. On March 17, this expedited election case was filed seeking a writ of prohibition to invalidate the directive and establish procedures for completing the 2020 primary election. Thereafter, the General Assembly passed House Bill 197, an emergency act that voided Directive 2020-06 and established how the primary election will proceed. The governor signed House Bill 197 into law on March 27. The Supreme Court dismissed this cause, holding that the Libertarian Party's complaint was moot. View "State ex rel. Ohio Democratic Party v. LaRose" on Justia Law

The First Circuit affirmed the judgment of the district court dismissing Appellants' complaint challenging the constitutionality of the winner-take-all method for selecting presidential electors that the Commonwealth of Massachusetts adopted, holding that Appellants failed to state a claim upon which relief could be granted.Pursuant to its constitutional authority, Massachusetts enacted a statutory scheme that provides for the appointment of electors for president and Vice President on a winner-take-all (WTA) basis. Appellants sued the Commonwealth challenging the constitutionality of the WTA system as applied in Massachusetts, arguing that the WTA method violates their right to an equally weighted vote under the Equal Protection Clause as well as their associational rights under the First and Fourteenth Amendments. The district court dismissed the complaint for lack of standing and failure to state a claim. The First Circuit affirmed, holding (1) Appellants did have standing to bring their claims; but (2) Appellants failed to state a claim for relief under either of their constitutional theories. View "Lyman v. Baker" on Justia Law

Mohamed Awad appealed a district court order denying his motion to withdraw his guilty plea to a charge of knowingly voting when not qualified to do so. On appeal, Awad argued the district court should have allowed him to withdraw his guilty plea because he was not adequately advised under N.D.R.Crim.P. 11(b) of the possible immigration consequences of pleading guilty, and because he received ineffective assistance of counsel. Finding no reversible error, the North Dakota Supreme Court affirmed the district court order. View "North Dakota v. Awad" on Justia Law

The Supreme Court approved for placement on the ballot an initiative petition to amend the Florida Constitution titled "All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet," holding that the Initiative complies with the single-subject requirement of Fla. Const. art. XI, 3 and that the ballot title and summary comply with the requirements of Fla. Stat. 101.161(1).Specifically, the Court held (1) the Initiative does not substantially alter or perform the functions of multiple branches of government and therefore complies with the single-subject requirement of article XI, section 3; and (2) the ballot title and summary comply with the requirements of section 101.161(1). View "Advisory Opinion to Attorney General Re All Voters Vote in Primary Elections for State Legislature, Governor & Cabinet" on Justia Law

The Supreme Court denied Petitioners' petition filed under Minn. Stat. 204B.44(a) asking that the Supreme Court direct the Minnesota Secretary of State to include Roque De La Fuente's name as a candidate for The Republican Party of Minnesota's nomination for United States President on the ballot for the Minnesota presidential nomination primary election on March 3, 2020, holding that Petitioners' claims failed.Petitioners argued that the procedure established by Minn. Stat. 207A.13, which allows a major political party to determine which candidates' names will be on the ballot for a statewide presidential nomination primary, was unconstitutional. The Supreme Court disagreed, holding that section 207A.13 does not violate (1) the prohibition against special privileges because the Legislature had a rational basis for classifying political parties based on a party's participation in a national convention to nominate the party's presidential candidate; (2) the Presidential Eligibility Clause because requiring a political party to identify the candidates for the ballot to be used in a presidential nomination primary is not a condition of eligibility to serve as President of the United States; and (3) Petitioners' rights of free association because any burden imposed on those rights by the ballot preparation procedures is outweighed by the associational rights of political parties and the State's regulatory interests. View "De La Fuente v. Simon" on Justia Law

The DC Circuit affirmed the Commission's dismissal of three administrative complaints alleging violations of the Federal Election Campaign Act's disclosure requirements. After determining that plaintiffs had Article III standing, the court held that the Commission provided a reasonable basis for the dismissals. In this case, the Commission (through the statement of the controlling commissioners) provided a sufficiently reasonable basis for its decision not to investigate plaintiffs' straw donor allegations. Furthermore, the Commission provided a reasonable basis for its decision not to investigate plaintiffs' political committee allegations. View "Campaign Legal Center v. Federal Election Commission" on Justia Law