Indiana counties maintain three‐member election boards: the circuit court clerk and two individuals the clerk appoints, one from each major political party. Marion County used a precinct‐based voting system; its Election Board could establish in‐person early voting “satellite offices” annually by unanimous vote. The Board approved in‐person early voting offices for the 2008 presidential election. It did not approve any satellite offices for 2010, 2012, 2014, or 2016; each year, the two Democrat Board members voted in favor of opening satellite offices, while the Republican Board member voted against. A suit under 42 U.S.C. 1983 alleged that the application of the unanimity requirement and the Republican member’s decision to withhold consent burdened voters’ rights to cast early votes without any relationship to a legitimate government interest. The district court entered a Consent Decree. The Board agreed to establish in‐person early voting satellite offices going forward. The Decree did not address any underlying issues of law. The court denied Indiana’s motion to alter the Decree, finding the Board unanimously ratified the Decree, and that the Decree “was necessary to remedy a probable violation of federal law.” The Board then voted unanimously to replace precinct‐based voting with a vote center plan, with two in‐person early voting satellite offices for primary elections and six for general and municipal elections. Indiana argued the appeal was not moot because the Decree was still in effect. Both sides agreed that the Decree should no longer be in effect. The Seventh Circuit vacated the Decree, declining to address whether the court had authority to enter it, and remanded with instructions to dismiss. View "Common Cause Indiana v. Marion County Election Board" on Justia Law

The Libertarian Party challenged a state law requiring up to 1% of voters eligible to participate in its primary to sign a nominating petition for a Libertarian candidate to earn a place on the primary ballot.Affirming the district court's grant of summary judgment for the Secretary, the Ninth Circuit applied the balancing framework in Anderson v. Celebrezze, 460 U.S. 780 (1983), and Burdick v. Takushi, 504 U.S. 428 (1992), and held that the State's signature requirement imposed a minimal burden on the Libertarian Party's right to access the primary ballot and thus required a less exacting scrutiny. The panel held that the primary signature requirements reasonably further Arizona's important regulatory interests and therefore justify a modest burden on the Libertarian Party's right to ballot access. The panel also held that the Arizona law did not infringe upon the Libertarian Party's right to free association and did not violate equal protection. View "Arizona Libertarian Party v. Hobbs" on Justia Law

An incumbent Kentucky state senator and an unsuccessful state candidate sued, alleging that Kentucky statutes violated their First and Fourteenth Amendment rights. One (now defunct) campaign finance provision restricted the amount a candidate could loan to his campaign. The challenged ethics provisions prohibit a legislator, candidate for the legislature, or his campaign committee from accepting a campaign contribution from a lobbyist; prohibit a legislator, candidate, or his campaign committee from accepting a campaign contribution from an employer of a lobbyist or a political committee (PAC) during a regular session of the General Assembly; prohibit a legislator or his spouse from accepting “anything of value” from a lobbyist or his employer; and prohibit a lobbyist from serving as a campaign treasurer, and directly soliciting, controlling, or delivering a campaign contribution to a legislator or candidate. The district court dismissed the campaign finance claim as moot but found that the ethics laws burdened “core political speech” and curtailed freedom of association, requiring strict scrutiny. The court upheld the regular session contribution ban but found the other challenged ethics provisions unconstitutional. The Sixth Circuit affirmed with respect to the “regular session” ban but otherwise vacated and reversed. Kentucky’s legislature acted to protect itself and its citizens from corruption; these laws are closely drawn to further Kentucky’s anti-corruption interest and pass constitutional muster. View "Schickel v. Dilger" on Justia Law

Appellants Levi Guerra, Esther John, and Peter Chiafalo appealed a superior court decision upholding the imposition of a $1,000 file for failing to cast their votes in the United States Electoral College in accordance with the popular vote in the State of Washington. They argued the file was a violation of their Constitutional rights, specifically, the Twelfth Amendment and the First Amendment. The Washington Supreme Court determined the fine imposed pursuant to RCW 29A.56.340 fell within the authority of Article II, section 1 of the federal Constitution. Furthermore, the Court held nothing under Article II, section 1 or the Twelfth Amendment granted the electors absolute discretion in casting their votes, and the fine did not interfere with a federal function. Accordingly, the Supreme Court affirmed the superior court's judgment. View "In re Guerra" on Justia Law

The Supreme Court dismissed as moot Petitioner's petition for an order compelling Arkansas Attorney General Leslie Rutledge to certify the popular name and ballot title of a proposed amendment to the Arkansas Constitution, holding that Act 387 of 2019 rendered the original action petition moot.The proposed amendment in this case was entitled "The Arkansas Recreational Marijuana Amendment of 2020." Petitioner Arkansas True Grass was a ballot question committee that sponsored the proposed amendment. After the Attorney General rejected the popular name and ballot title of the proposed amendment, Petitioner asked the Supreme Court to require that the Attorney General certify the proposed measure. In response, the Attorney General asked the Supreme Court to dismiss the petition as moot in light of the passage of Act 387, which eliminated the requirement that sponsors of initiative petitions obtain the Attorney General's certification of the proposed amendment's popular name and ballot title prior to circulation of the initiative petition. The Supreme Court agreed and dismissed the original action petition, holding that Petitioner's request was moot because the Attorney General's certification would have no practical legal effect on the parties. View "Arkansas True Grass v. Rutledge" on Justia Law

Plaintiffs-appellants Citizens Oversight, Inc., a Delaware non-profit corporation, and Raymond Lutz (collectively, "Citizens") filed an action against defendants-respondents Michael Vu, the San Diego Registrar of Voters, and the County of San Diego (County) (collectively the "Registrar") seeking a declaration that Citizens could inspect and copy ballots cast by registered voters during the June 7, 2016, California Presidential Primary Election (2016 Election) and a mandate requiring the Registrar to produce those ballots for inspection and copying. The trial court ruled that the ballots were exempt from disclosure under the California Public Records Act (CPRA) because Elections Code section 153701 prohibited disclosure. It granted the Registrar's demurrer to the complaint without leave to amend and issued a judgment of dismissal. Appellants requested review, and the Court of Appeal affirmed. The Court found that the Registrar was authorized to destroy or recycle ballots 22 months after each federal election; the Court exercised its discretion to resolve the issue this case presented even though the ballots from the 2016 Election no longer existed. The Court concluded that the California Legislature exempted ballots from disclosure under the CPRA by specific, clear language in Election Code sections 15370 and 17301. "We must follow the plain meaning a statute when, as here, the language is clear." View "Citizens Oversight v. Vu" on Justia Law

The LNC filed suit alleging that the Federal Election Campaign Act (FECA), which imposes limits on both donors and recipients of political contributions, violates its First Amendment rights. This case stemmed from a dispute regarding how the LNC can spend the $235,000 Joseph Shaber left to it when he passed away. The LNC argued that FECA violates its First Amendment rights in two ways: first, by imposing any limits on the LNC's ability to accept Shaber's contribution, given that he is dead; and second, by permitting donors to triple the size of their contributions, but only if the recipient party spends the money on specified categories of expenses.The DC Circuit held that the current version of FECA—both its application of contribution limits to Shaber's bequest and its use of a two-tiered contribution limit—has achieved a constitutionally permissible balance. Although the court denied the Commission's motion to dismiss for lack of standing, the court rejected LNC's constitutional challenges on the merits. View "Libertarian National Committee v. FEC" on Justia Law

This case centered on the validity of a referendum question passed during the 2016 elections which granted the Dorchester County, South Carolina Council authority to issue up to $30 million in bonds for library facilities and up to $13 million for recreational facilities. Finding there was no indication the voters did not understand it, the circuit court determined it was not improper. But because the question contained two separate bond proposals and required voters to support both or neither, the South Carolina Supreme Court held it was unlawful. View "Zeigler v. Dorchester County" on Justia Law

McArthur Sargent, chairman of The Waterworks and Gas Board of Dora, Alabama ("the Board"), in the name of the State of Alabama, appealed a circuit court order denying Sargent's petition for a writ of quo warranto seeking to declare Chris Edwards ineligible to hold office as a member of the Board because he was then-currently serving on the City Council of the City of Dora. The Alabama Supreme Court found that the restated and amended certificate of incorporation, which was controlling, did not include any prohibition against municipal officers serving on the Board. Accordingly, the Court held Edwards was duly appointed to serve as a member of the Board effective July 1, 2018, notwithstanding that he was already serving, as a member of the City Council of the City of Dora. View "State of Alabama ex rel. Waterworks and Gas Board of Dora, Alabama v. Edwards" on Justia Law

Former Court of Appeals Judge Ceola James lost the 2016 election for the Court of Appeals by nearly twenty-two thousand votes. James filed an election contest against the winner, Judge Latrice Westbrooks, alleging Westbrooks improperly affiliated with the Democratic Party and improperly aligned herself with a political candidate, Representative Bennie Thompson of Mississippi’s Second United States Congressional District. James argued that she received all of the “legal” votes due to Westbrooks’s alleged violations of election law and pleaded that she is entitled to hold the judicial post won by Westbrooks. Westbrooks moved for summary judgment, and at the hearing on the motion, the trial court found James failed to submit proof that Westbrooks had improperly aligned her campaign with a political candidate or political party and granted summary judgment in favor of Westbrooks. View "James v. Westbrooks" on Justia Law