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

Maine Secretary of State Matthew Dunlap filed suit seeking access to documents from the Presidential Advisory Commission on Election Integrity. The DC Circuit held that, because the emails at issue were neither "similar" to the "examples" of covered documents listed in the December 2017 injunction opinion, nor "substantive disclosures" within the plain meaning of that opinion, they were not among the disclosure obligations imposed by that injunction. Therefore, the court held that the January 2019 order that required their release changed the legal relationship between the parties and hence was immediately appealable.On the merits, the court held that Secretary Dunlap could not clearly and indisputably show that the emails he sought fell within the work of the Commission, and thus the district court lacked jurisdiction to entertain his request for their disclosure. Accordingly, the court reversed the district court's January 28, 2019 order insofar as it required the release of such emails. View "Dunlap v. Presidential Advisory Commission on Election Integrity" on Justia Law

The Supreme Court approved a proposed amendment titled "Raising Florida's Minimum Wage" for placement on the ballot but refused to review a financial impact statement prepared by the Financial Impact Estimating Conference (FIEC), holding that this Court lacked jurisdiction to do so.The Attorney General of Florida petitioned the Supreme Court for an advisory opinion on the validity of a proposed citizen initiative amendment to the Florida Constitution requesting review of the compliance of the proposed amendment with constitutional and statutory requirements. The Attorney General further requested an opinion addressing the compliance of the corresponding financial impact statement with Fla. Stat. 100.371. The Supreme Court held (1) the initiative petition and proposed ballot title and summary for the proposed amendment met the legal requirements of Fla. Const. art. XI, 3 and Fla. Stat. 101.161(1); and (2) this Court does not have original jurisdiction to review financial impact statements. View "Advisory Opinion to the Attorney General Re Raising Florida's Minimum Wage" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court granting summary judgment in favor of the City of Saint Paul and dismissing Appellant's petition asserting that the City erred by refusing to put his proposed amendment to the City Charter before the voters in the next election, holding that Appellant did not meet his burden to prove that his petition met statutory requirements.In rejecting the petition, the City relied on the statewide voter registration system (SVRS) in concluding that Appellant's petition did not have the requisite number of signatures. In his petition, Appellant argued that the City erred by relying on the SVRS to invalidate signatures and in refusing to put his proposed charter amendment before voters. The Supreme Court affirmed, holding (1) the City did not err by relying on the SVRS to determine eligibility and rejecting signatures of those who were registered to vote at an address outside the City; and (2) Appellant did not meet his burden to show that the City erred in rejecting the petition signatures. View "Butler v. City of Saint Paul" on Justia Law

The Supreme Court reversed the order of the district court denying Appellant's motion for attorney fees under either the private attorney general doctrine or Mont. Code Ann. 13-36-205, holding that the district court abused its discretion in denying fees under the private attorney general doctrine.Appellant won the primary election for the Republican nomination for Sheriff of Musselshell County. Appellant's opponent, Ronnie Burns, filed a petition for a court-ordered recount. The court ordered a recount with parameters set forth by Burns. Appellant intervened in the case and sought an emergency hearing to challenge the parameters as violations of Mont. Code Ann. 13-15-206. The district court found that the parameters were inconsistent with the requirements of the statute and vacated its prior orders. The court subsequently concluded that Appellant had not met the criteria for an award of attorney fees pursuant to the private attorney general doctrine. The Supreme Court reversed, holding that the district court abused its discretion in denying attorney fees to Appellant because the County's actions required Appellant to defend the electoral process for the benefit of all County voters, not merely to exercise his rights to be heard in the proceedings and to be present and represented at any recount. View "Burns v. County of Musselshell" on Justia Law