Plaintiffs filed suit challenging the county's 2011 redistricting plan for electing county commissioners, alleging a violation of their rights under section 2 of the Voting Rights Act and the Equal Protection Clause of the Fourteenth Amendment by providing only one Anglo-majority district.Determining that plaintiffs had standing, the Fifth Circuit held that the district court did not clearly err in finding that plaintiffs failed to meet the threshold conditions in Thornburg v. Gingles, 478 U.S. 30, 79 (1986), and in finding that plaintiffs failed to make a claim for voter dilution. In this case, the district court concluded that plaintiffs did not prove that Anglos, a minority in Dallas County, have the potential to elect their preferred candidate, a Republican, in a second commissioner district. The court rejected plaintiffs' claims that the district court applied the wrong standard, and that they need only provide an alternative map with two Anglo-majority districts. The court explained that an alternative map containing an additional majority-minority district does not necessarily establish an increased opportunity for the Anglo-preferred candidate. Furthermore, there was no case in which the ability to create an influence district was considered sufficient to establish a section 2 vote dilution claim.The court also held that plaintiffs failed to plead a racial gerrymandering claim, because the complaint did not allege a Shaw claim. Rather, the complaint only once alleged that race predominated, and it made this allegation five pages before stating the claim for relief. Accordingly, the court affirmed the district court's refusal to entertain a claim of racial gerrymandering and its denial of the vote dilution claim after trial. View "Harding v. County of Dallas" on Justia Law

In this advisory opinion, the Supreme Court approved a proposed amendment, which would amend article VI, section 2 of the Florida Constitution, for placement on the ballot, concluding that the proposed amendment complied with the single-subject requirement of article XI, section 3 of the Florida Constitution and that the ballot title and summary complied with Fla. Stat. 101.161(1).The initiative petition at issue here was titled "Citizen Requirement to Vote in Florida Elections." The Attorney General petitioned the Supreme Court for an advisory opinion regarding the validity of the initiative petition. The Supreme Court approved the proposed amendment, concluding that the proposed amendment meets the single-subject requirement and that the ballot title and summary meet the respective word-limitation requirements of section 101.161(1). View "Advisory Opinion to Attorney General re Citizenship Requirement to Vote in Florida Elections" on Justia Law

The Supreme Court affirmed the judgment of the circuit court declaring the affidavit requirement of Mo. Rev. Stat. 115.427.2(1) and 115.427.3 unconstitutional and enjoining the State from requiring individuals who vote under the non-photo identification option provided in section 115.427.2(1) to execute the affidavit or in enjoining it from disseminating materials indicating photo identification is required to vote, holding that the circuit court did not err.Respondents filed a petition for declaratory and injunctive relief against the Missouri secretary of state, alleging that section 115.427 unconstitutionally burdens individuals' right to vote. The circuit court entered a judgment finding section 115.427 constitutional except for subsections 2(1) and 3, the affidavit requirement, and enjoined the State from requiring individuals who vote under this option to execute the affidavit required under subsections 2(1) and 3. The Supreme Court affirmed, holding (1) the affidavit requirement of sections 115.427.2(1) and 115.427.3 is misleading and contradictory, and therefore, the affidavit requirement is unconstitutional; and (2) the circuit court did not err in enjoining the affidavit requirement. View "Priorities USA v. State" on Justia Law

In April 2019, Monica Colbert and Juliet Sebold sought to have titles set for eight ballot initiatives. Each of the proposed initiatives was designed to create an “Expanded Learning Opportunities Program” for Colorado children, but each included a different funding mechanism. The Title Board held a hearing on the eight initiatives; it declined to set titles for two, Initiatives #74 and #75, after concluding that both proposed initiatives contained multiple subjects in violation of the Colorado Constitution. The Colorado Supreme Court was asked, in its original jurisdiction, whether a statement in section 1-40-107(1)(c), C.R.S. (2019), that “[t]he decision of the title board on any motion for rehearing shall be final, except as provided in subsection (2) of this section, and no further motion for rehearing may be filed or considered by the title board” – meant what it said. The Court responded, “yes”: Section 1-40-107 contemplated only a single Title Board rehearing on a proposed initiative title. The Court therefore affirmed the decision of the Title Board declining to consider a motion for a second rehearing on Proposed Initiative 2019–2020 #74 and Proposed Initiative 2019–2020 #75. View "In re Ballot Title #74, & No." on Justia Law

The Executive Clemency Board appealed the district court's orders denying in part its motion for summary judgment and permanently enjoining Florida's former system for re-enfranchising convicted felons. Plaintiff and other convicted felons alleged that the former system facially violated their First and Fourteenth Amendment rights. The district court granted plaintiff's motion on three of four counts, and issued permanent injunctions prohibiting the Board from enforcing the then-current vote-restoration system, ending all vote-restoration processes.In 2016, Florida voters amended their state constitution as it concerns the re-enfranchisement of convicted felons. In 2019, Florida's legislature revised its statutory scheme for re-enfranchisement. Plaintiff claimed that he and the other convicted felons are eligible to seek restoration of their voting rights. Therefore, the Eleventh Circuit held that this case is moot and vacated in part the district court's order on cross-motions for summary judgment dated February 1, 2018; vacated the district court's order directing entry of judgment dated March 27, 2018; and remanded with instructions to dismiss. View "Hand v. Desantis" on Justia Law

In this expedited election case, the Supreme Court granted a writ of mandamus to compel the Plain Local School District Board of Education to forward to the Stark County Board of Elections a petition proposing the transfer of some of Plain Local School District's territory to Jackson Local School District, holding that the school board had a clear legal duty to forward the transfer petition to the board of elections.The petition sought to have a proposal to transfer the territory at issue placed on the March 17, 2020 primary election ballot. Under Ohio Rev. Code 3311.242(B)(2), the school board was required to certify the proposal to the board of elections by December 18, 2019. The school board stated that it would not act on the petition until there was a final determination of its claims in a previously filed lawsuit challenging the constitutionality of section 3311.242. Relators sought mandamus relief against the school board. The Supreme Court granted mandamus relief and ordered the school board to cause the board of elections to check the sufficiency of the signatures on the petition, holding that Relators established a clear legal right to the requested relief and a clear legal duty on the part of the school board to provide it. View "State ex rel. Dunn v. Plain Local School District Board of Education" on Justia Law

The Supreme Court rendered this advisory opinion to address the issue of the validity of a citizen initiative petition circulated pursuant to Fla. Const. art. XI, 3, concluding that the proposed initiative should not be placed on the ballot.The initiative at issue was sponsored by Citizens for Energy Choices and titled "Right to Competitive Energy Market for Customers of Investor-Owned Utilities; Allowing Energy Choice." In opposing the initiative, the Attorney General argued that the ballot title and summary failed adequately to inform the voters of "the true meaning and ramifications of the proposed amendment." Specifically at issue was whether the ballot summary affirmatively misled voters to believe that the initiative grants a right to sell electricity. The Supreme Court concluded that the ballot summary was affirmatively misleading and thus did not comply with Fla. Stat. 101.161(1). View "Advisory Opinion to the Attorney General re Right to Competitive Energy Market for Customers of Investor-Owned Utilities; Allowing Energy Choice" on Justia Law

The Supreme Court affirmed the circuit court's judgment holding that the St. Louis City Board of Election Commissioners violated the sunshine law, Mo. Rev. Stat. 610.010 et seq., in refusing to produce absentee ballot applications and envelopes to David Roland, holding that St. Louis absentee ballot applications have ceased being protected from disclosure by law.The circuit court declared that the election board had violated the sunshine law by withholding the absentee ballot applications and ballot envelopes and then taxed costs against Roland in regard to the election board's defense of Roland's assertion that the election board's violation was purposeful or knowing. The Supreme Court reversed in part, holding (1) the circuit court did not err in declaring that the ballot applications were subject to disclosure, and ballot envelopes are open to the public after the voted ballot is removed; and (2) the election board was not entitled to costs under either the sunshine law or the general law governing the award of costs. View "Roland v. St. Louis City Board of Election Commissioners" on Justia Law

The Colorado Title Board set a title for Proposed Ballot Initiative 2019–2020 #3 (“Proposed Initiative”) that reads, in pertinent part, “An amendment to the Colorado constitution concerning the repeal of the Taxpayer’s Bill of Rights (TABOR), Article X, Section 20 of the Colorado constitution.” The Board also ultimately adopted an abstract that states, regarding the economic impact of the Proposed Initiative. A challenge to the Proposed Initiative was presented for the Colorado Supreme Court's review, and after such, the Court concluded the title and abstract were clear and not misleading, and that the phrase “Taxpayer’s Bill of Rights,” as used in the title, was not an impermissible catch phrase. Accordingly, the Court affirmed the decision of the Title Board. View "In re Proposed Ballot Initiative 2019" on Justia Law

The State of Alabama, on the relation of Shirley Williams-Scott, appealed a circuit court order denying Williams-Scott's petition for a writ of quo warranto seeking to declare that Eddie Penny did not hold office as the mayor of the City of Fairfield. The 2010 federal census indicated that the population of Fairfield had dropped below 12,000. A statutory provision stated that, "[i]n all towns or cities, a majority of the whole number of members to which such corporation is entitled, including the mayor in towns and cities of less than 12,000 population, shall be necessary to constitute a quorum." In the 2016 election cycle, Ed May II was elected to the position of mayor of Fairfield, and Penny was elected to the position of council president. It is undisputed that May did not attend any council meetings for 90 consecutive days, beginning October 1, 2018. During its January 22, 2019 meeting, the city council approved a resolution providing that May was removed from office of mayor as a matter of law. Penny was subsequently proclaimed mayor by a vote of the council. The Alabama Supreme Court determined the trial court did not err in denying Williams-Scott's petition for a writ of quo warranto seeking to declare Penny was not mayor of Fairfield. View "State ex rel. Williams-Scott v. Penny" on Justia Law