Adams, a resident and member of the State Bar of Delaware, wanted to be considered for a state judicial position. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to because the announcement required that the candidate be a Republican. Because Adams was neither a Republican nor a Democrat, he concluded that any application he submitted would be futile. Adams challenged the Delaware Constitution's provision that effectively limits service on state courts to members of the Democratic and Republican parties, citing Supreme Court precedent: A provision that limits a judicial candidate’s freedom to associate (or not to associate) with the political party of his choice is unconstitutional. The governor responded that because judges are policymakers, there are no constitutional restraints on his hiring decisions. The Third Circuit ruled in favor of Adams, concluding that judges are not policymakers because whatever decisions judges make in any given case relates to the case under review and not to partisan political interests. The portions of Delaware’s constitution that limit Adams’s ability to apply for a judicial position while associating with the political party of his choice violate his First Amendment rights. View "Adams v. Governor of Delaware" on Justia Law

The Dawsonville City Council voted to remove W. James Grogan as mayor in May 2017. Grogan sought review of the removal by filing a direct appeal and a petition for certiorari with the superior court. Grogan continued to serve as mayor pending the appeal, and the City then filed counterclaims against Grogan for attorneys’ fees and for money had and received to recoup salary paid and other benefits provided to Grogan if the City prevailed before the superior court. Grogan moved to dismiss the City’s counterclaims under Georgia's Anti-SLAPP statute. The superior court dismissed Grogan’s appeal of the removal decision, found his certiorari petition was “procedurally defective,” denied his motion to dismiss the City’s counterclaims, and granted partial summary judgment on the City’s money-had-and-received counterclaim. Grogan argued to the Georgia Supreme Court he had the right to a direct appeal to the superior court and that his certiorari petition was not procedurally defective. Grogan also argued the superior court erred in denying his motion to dismiss under the Anti-SLAPP statute because the City’s counterclaims were filed to punish Grogan for exercising his constitutional rights to petition and free speech and the City did not establish a reasonable probability of success on the merits of those counterclaims. Furthermore, Grogan argued the court erred in granting relief to the City on its money-had-and-received counterclaim because it lacked subject matter jurisdiction over that claim and failed to apply the voluntary payment doctrine. The Supreme Court concluded it had jurisdiction over this appeal, but did not consider Grogan’s challenges concerning the superior court’s dismissal of his appeal and certiorari petition from the removal decision because those claims were now moot. The Court determined the trial court erred in granting relief to the City on its money-had-and-received counterclaim. View "Grogan v. City of Dawsonville" on Justia Law

Tommie James Ivy Sr. filed an election contest against William Randle Jr. and the Democratic Executive Committee of the City of Okolona, Mississippi following the primary election of the Democratic nominee for the office of city marshall. A special tribunal rendered judgment in favor of Ivy, ordered a special election and excluded Randle from the special election. Randle appealed, and Ivy cross-appealed. After review, the Mississippi Supreme Court found the special tribunal properly determined that a special election was required but improperly held that Randle was excluded from being a candidate. View "Randle v. Ivy" on Justia Law

The Supreme Court affirmed the judgment of the district court invalidating the Secretary of State Corey Stapleton’s (Secretary) act of certifying the eligibility of the Montana Green Party to nominate candidates for election to public officers in Montana, holding that the district court did not erroneously invalidate eighty-seven signatures due to noncompliance with Mont. Code Ann. 13-10-601(2).Plaintiffs filed this complaint seeking declaratory judgment that the Secretary’s Green Party certification was invalid due to noncompliance with section 13-10-601(2). The district court invalidated the certification and enjoined the Secretary from giving any effect to the Green Party ballot eligibility petition. The Supreme Court affirmed, holding (1) Plaintiffs’ claim for declaratory and injunctive relief challenging the legal sufficiency of the petition and the Secretary’s certification of the petition stated a cognizable claim for relief; (2) Plaintiffs’ claim did not involve a non-justiciable political question; (3) the Montana Democratic Party had legal standing to challenge the petition and the Secretary’s resulting certification thereof; and (4) the district court did not err in invalidating eighty-seven signatures due to noncompliance with the statute. View "Larson v. Secretary of State" on Justia Law

In these two election contests, the Supreme Court held that 350 absentee mail-in return envelopes were “received” by the Honolulu City Clerk after the deadline established by state law, and therefore, the ballots they contained should not have been counted, thus invalidating the result of the Honolulu City Council District IV special election.The special election at issue was for councilmember for District IV held on November 6, 2018. At issue in these election contests was the 350 absentee mail-in return envelopes, which the City Clerk at the Honolulu Airport post office did not take possession of until after 6 p.m. on election day, retrieving them instead from the mail facility in pickups that occurred at 6:30 p.m. and 7:30 p.m. The Supreme Court held that the ballots should not have been counted, and because they exceeded the twenty-two-vote margin by which the election was decided and because they were commingled with other ballots that were validly cast, the only option was to invalidate the result of the special election. View "Waters v. Nago " on Justia Law

In this election contest for a city council seat the Supreme Court reversed the judgment of the court of appeals affirming a sanctions award, vacated that award, and then dismissed the appeal of the election contest as moot, holding that the appeal was moot to the extent it challenged the election results but that the award of sanctions was an abuse of discretion.The trial court granted summary judgment in favor of the contestee, the candidate who received the most votes, and declared the contest the winner of the election. The court then awarded sanctions against the contester, the losing candidate, and her attorney for bringing frivolous claims. The court of appeals affirmed. The contester and her attorney appealed again, challenging the election and sanctions. Meanwhile, the contestee was reelected and began his second term in office. The Supreme Court held (1) the election contest is now moot, and no exception to the mootness doctrine applies; and (2) the trial court abused its discretion in sanctioning Appellants for making non-frivolous arguments, and the court of appeals erred in affirming the sanctions. View "Pressley v. Casar" on Justia Law

During the course of the 2016 political campaign to represent the 49th Congressional District, challenger candidate Doug Applegate's campaign ran two television advertisements about incumbent Darrell Issa that Issa contends were false and defamatory. Issa filed a lawsuit against Applegate, Doug Applegate for Congress, Inc., and Robert Dempsey (the respondents), alleging libel based on statements made in these two television advertisements. The trial court granted the respondents' anti-SLAPP motion and entered judgment in favor of the respondents on Issa's complaint. Issa appealed. While "[i]t is abhorrent that many political campaigns are mean- spirited affairs that shower the voters with invective instead of insight[,]" in order "to ensure the preservation of a citizen's right of free expression, we must allow wide latitude." The Court of Appeal ultimately concluded the trial court properly granted the respondents' anti-SLAPP motion because Issa could not demonstrate the statements about which he complained were demonstrably false statements of fact. View "Issa v. Applegate" on Justia Law

The New Hampshire Supreme Court accepted a petition in its original jurisdiction to determine whether the Superior Court erred in ordering the New Hampshire Secretary of State and the New Hampshire Attorney General, defendants in litigation pending before that court, to produce to plaintiffs in the litigation, the League of Women Voters of New Hampshire, the New Hampshire Democratic Party, and various individuals, the New Hampshire Centralized Voter Registration Database established pursuant to RSA 654:45 (Supp. 2018). The Supreme Court concluded the Database was exempt from disclosure by statute, and therefore vacated the trial court’s order. View "Petition of New Hampshire Secretary of State" on Justia Law

The Supreme Court denied the writ of prohibition sought by Josh Abernathy to compel the Lucas County Board of Elections to remove the Lake Erie Bill of Rights (LEBOR), a proposed amendment to the Toledo City Charter, from the February 26, 2019 special-election ballot, holding that the board of elections had no power to keep the proposed charter amendment off the ballot.In voting to deny Abernathy’s protest and place the LEBOR on the ballot, two board members made clear that they believed that the LEBOR was, on its face, unconstitutional, unenforceable, and beyond the authority of the City of Toledo, but acknowledged that they were required to vote to place the measure on the ballot based on the Supreme Court’s decision in State ex rel. Maxcy v. Saferin, __ N.E.3d __ (Ohio 2018). Abernathy then filed this action for a writ of prohibition. The Supreme Court denied the writ, holding that the board of elections performed its ministerial duty by placing the LEBOR on the ballot because a board of elections has no discretion to block a proposed charter amendment from the ballot based on an assessment of its suitability. View "State ex rel. Abernathy v. Lucas County Board of Elections" on Justia Law

This case involved statutory interpretation concerning application of the reporting requirements contained in the Washington Fair Campaign Practices Act (FCPA), chapter 42.17A RCW. The specific issue presented was how the FCPA reporting requirements in RCW 42.17A.255 and the definition in RCW 42.17A.005(4) ("ballot proposition") were to be applied in the context of local initiatives. In 2014, Evergreen Freedom Foundation (EFF) staff created sample municipal ordinances and ballot propositions for citizens to use to advance certain causes to their local city councils or commissions. Local residents in the cities of Sequim, Chelan, and Shelton used those samples in filing two ballot propositions in each city, one to require collective bargaining negotiation sessions to be publicly conducted and the second to prohibit union security clauses in city collective bargaining agreements. The proponents submitted the proposed measures to their local city clerks along with signatures they had gathered in support of the measures, and asked their respective city councils or commissions either to pass the measures as local ordinances or, if the councils or commissions did not agree, to alternatively place each measure on the local ballot for a vote. None of the cities passed the measures as ordinances or placed the ballot propositions on the local ballots. In response, EFF employees, who were attorneys, participated in lawsuits against each jurisdiction on behalf of the local resident proponents, each suit seeking a judicial directive to the respective city to put each measure on the local ballot. Each lawsuit ended in a superior court dismissing the case, and those decisions were not appealed. EFF did not file any campaign finance disclosure reports identifying the value of the legal services it provided to the resident proponents in support of the local ballot propositions. The State conducted an investigation and then filed a civil regulatory enforcement action against EFF alleging EFF failed to report independent expenditures it made in support of the noted local ballot propositions. The Washington Supreme Court affirmed the Court of Appeals' reversal of the trial court's 12(b)(6) dismissal of the State's regulatory enforcement action under the FCPA: under the circumstances of this case, EFF's pro bono legal services were reportable. The applicable reporting statutes were not unconstitutionally vague, nor did their application here violate EFF's First Amendment rights. View "Washington v. Evergreen Freedom Found." on Justia Law