In this opinion, the Supreme Court explained its March 20, 2019 order affirming the trial court's decision enjoining a recall election of Phoenix City Councilman Michael Nowakowski, holding that the trial court did not err in ruling that the recall petition did not comply with Ariz. Rev. 19-202.01(D) and -203(D) because the petition sheets were not attached to a time-and-date-marked copy of the recall application.Displeased with Nowakowski's conduct as a councilman, some electors from District 7 of the City of Phoenix sought to initiate a recall election. Urban Phoenix Project PAC (the Committee) later submitted a recall petition to the Phoenix City Clerk for verification. The City Clerk certified that the petition had sufficient signatures to be on the ballot for the March 2019 election. Plaintiff challenged the recall petition. The trial court ruled that the recall was not eligible to be placed on the ballot because the Committee had failed to comply with the statutory requirements. The Supreme Court affirmed, holding (1) the Arizona Constitution guarantees voters the right to recall elected officers, but that right must be exercised pursuant to constitutional and statutory provisions; and (2) the signatures could not be certified because none of the Committee's petition sheets were attached to the complete time-and-date-marked application. View "Morales v. Archibald" on Justia Law

The Yakima County clerk was ordered by a superior court judge to procure a supplemental bond to maintain her elected office. The court warned that failure to comply would result in the court declaring the office vacant. The clerk sought a writ of prohibition from the Washington Supreme Court to prevent enforcement of the superior court's order. The Supreme Court denied the writ: the superior court judge did not exceed the court's jurisdiction by issuing the supplemental bond order; the clerk could have availed herself of "a plain, speedy and adequate remedy at law - an injunction. Thus, prohibition will not lie." View "Riddle v. Elofson" on Justia Law

In 2017, the League of Women Voters and Pennsylvania Democratic voters filed a state court lawsuit challenging Pennsylvania’s 2011 congressional districting map. They alleged that Republican lawmakers drew the map to entrench Republican power in Pennsylvania’s congressional delegation and disadvantage Democratic voters and that the Republican redistricting plan violated the Pennsylvania Constitution by burdening and disfavoring Democratic voters’ rights to free expression and association and by intentionally discriminating against Democratic voters. Five months later, State Senate President Pro Tempore Scarnati, a Republican lawmaker who sponsored the 2011 redistricting plan, removed the matter to federal court, contending federal jurisdiction existed because of a newly scheduled congressional election. The federal district court remanded the matter to state court, where the suit has since concluded with a ruling in favor of the plaintiffs. Citing 28 U.S.C. 1447(c), the federal court directed Senator Scarnati personally to pay $29,360 to plaintiffs for costs and fees incurred in the removal and remand proceedings. The Third Circuit ruled in favor of Scarnati, citing the Supreme Court’s directive that courts carefully adhere to the distinction between personal and official capacity suits, The court upheld a finding that the removal lacked an objectively reasonable basis. View "League of Women Voters of Pennsylvania v. Pennsylvania" on Justia Law

The Supreme Court granted Respondents' joint motion to recall mandate, withdrew its opinion dated January 4, 2019, and substituted this opinion in its place, holding that the Fifth District Court of Appeal properly affirmed a trial court judgment invalidating an Orange County ordinance because home-rule counties may not enact ordinances on subjects preempted to the State and inconsistent with general law.In 2014, the Orange County Board of Commissioners enacted an ordinance proposing an amendment to the Orange County Charter and provided for a ballot question be presented for approval regarding a charter amendment providing for term limits and non-partisan elections for county constitutional officers. The ballot question appeared on the November 4, 2014 ballot and was approved by the majority of Orange County voters. After the underlying county ordinance and ballot title and summary were challenged, the trial court upheld the portion of the charter amendment providing for term limits but struck down that portion providing for nonpartisan elections, concluding that Orange County was prohibited from regulating nonpartisan elections for county constitutional officers because that subject matter was preempted to the Legislature. The Fifth District affirmed. The Supreme Court affirmed, holding that the Florida Election Code expressly preempted the Orange County ordinance. View "Orange County v. Singh" on Justia Law

The Fourth Circuit reversed the district court's order denying Citizens' motion for attorney's fees, expert fees, and costs stemming from a 42 U.S.C. 1983 action that successfully challenged a 2015 state law that redrew Greensboro City Council districts. The court held that civil rights fee-shifting statutes, such as those at issue here, are not meant to punish defendants for a lack of innocence or good faith but rather to "compensate civil rights attorneys who bring civil rights cases and win them." The court explained that "innocence" or a "lack of responsibility" for the enactment of an unconstitutional law was therefore not an appropriate criterion to justify denying a fee award against the party responsible for and enjoined from enforcing the unconstitutional law. View "Brandon v. Guilford County Board of Elections" on Justia Law

In these public interest appeals arising from a mix-up at a high school polling place in the town of Stratford where approximately seventy-six voters received the incorrect ballots, rendering those voters unable to cast a vote for their assembly district's state representative, the Supreme Court affirmed the judgment of the trial court insofar as it dismissed Plaintiff's complaint and reversed the trial court's judgment with respect to its issuance of a temporary injunction, holding that the trial court lacked jurisdiction over Plaintiff's claims and similarly lacked jurisdiction to issue a temporary injunction.Plaintiff, a Republic Party's candidate for state representative, brought this action seeking declaratory relief, a new election, and injunction prohibiting certain state defendants from declaring the intervening defendant, the Democratic Party's candidate, as the winner of that election. The trial court dismissed the complaint in part as barred by the elections clause set forth in Conn. Const. art. III, 7 but granted Plaintiff's application for a temporary injunction. The Supreme Court reversed in part, holding (1) the elections clause gives the state House of Representatives exclusive jurisdiction over this election contest; and (2) the trial court lacked jurisdiction to enjoin the state defendants from canvassing the votes and declaring a winner, even temporarily. View "Feehan v. Marcone" on Justia Law

In this redacted appeal, the DC Circuit affirmed the district court's decision refusing to enjoin the FEC from releasing information identifying a trust and its trustee in connection with a misreported federal campaign contribution. Plaintiffs claim that the Commission's release of documents identifying them would violate the First Amendment to the Constitution, the Federal Election Campaign Act (FECA), and the Freedom of Information Act (FOIA).The court held that FECA's provisions and the regulations thereunder did not bar the disclosure and authorized the Commission's action; Citizens United v. FEC, 558 U.S. 310 (2010), foreclosed plaintiffs' claim that the First Amendment barred the Commission from publicly identifying them; and FOIA could not be used to prevent the Commission from publicly revealing plaintiffs' identities. View "Doe 1 v. FEC" on Justia Law

On May 16, 2017, by write-in vote, Christine Rossi won the Republican nomination for Tax Collector of Nether Providence Township (“the Township”). On June 2, 2017, the Delaware County Bureau of Elections (“the Bureau”) notified Rossi that she was certified as the Republican nominee. The Bureau instructed Rossi to submit a Statement of Financial Interests ("SOFI") to the Bureau and to the Township by June 30, 2017, in order to have her name appear on the November 2017 general election ballot. On June 30, 2017, Rossi filed her SOFI with the Bureau, but failed to file it with the Township. On September 6, 2017, based upon a Right-to-Know Law request submitted to the Township, Christine Reuther and Ani Marie Diakatos (collectively, “Objectors”) discovered that Rossi had not filed her SOFI with the Township. On September 13, 2017, Objectors filed an emergency petition for relief to the Court of Common Pleas, stressing that Subsection 15.3(e) of the State Ethics Commission’s regulations required write-in candidates to file their SOFIs with the appropriate authorities within thirty days of the certification of the election results. Because Rossi failed to file her SOFI with the Township within that period of time, Objectors asserted that, pursuant to Subsection 1104(b)(3) of the Ethics Act, her failure constituted a fatal defect to her candidacy, and her name was required to be stricken from the general election ballot. On September 14, 2017, Rossi filed her SOFI with the Township. Because the Public Official and Employee Ethics Act (“Ethics Act”) imposed this consequence only upon candidates who petition to appear on the ballot, the Pennsylvania Supreme Court held that it is inapplicable to write-in candidates. Therefore, the Court affirmed the order of the Commonwealth Court. View "Reuther v. Delaware County Bureau of Elections" on Justia Law

After the district court found that the boundaries for Mississippi State Senate District 22 dilute African-American voting strength and prevented those citizens from having the equal opportunity "to participate in the political process and to elect representatives of their choice" that the Voting Rights Act guarantees, the district court switched 28 precincts between District 22 and a bordering district to remedy the violation. The Governor and Secretary of State sought a stay of the district court's final judgment.The Fourth Circuit granted in part and denied in part defendants' motion for a stay. The court held that the rule of construction, the text of the three-judge statute, its lineage, and the caselaw applying it all favor the district court's view that three judges are not required for a claim raising only statutory challenges to state legislative redistricting. The court also held that defendants have not shown a high likelihood of overturning the finding of vote dilution because their legal argument was at odds with "unimpeachable authority" from this court and their factual challenges must overcome deferential standards of review. The court rejected defendants' laches claim.However, the court held that the legislature should have the initial opportunity to draw new lines for District 22 that comply with the Voting Rights Act. Accordingly, the court issued an order granting a temporary stay to allow the legislature to remedy the Section 2 violation. Finally, the court held that defendants have not demonstrated a high likelihood of showing that the district court's narrow redraw was an abuse of discretion, and there was no risk of voter confusion and no outcry from state officials that implementing the district court’s remedy substantially disturbed its election process. View "Thomas v. Bryant" on Justia Law

The Court of Appeal denied a petition for writ of mandate seeking to compel defendants to put plaintiff on the primary election ballot for county sheriff. The court affirmed the trial court's ruling that Government Code section 24004.3, which required persons to be elected county sheriff to meet certain law enforcement experience and education, is constitutional. The court explained that there was good reason why the Legislature imposed an experience requirement because, in order to have a true understanding of law enforcement, you must learn about it in the field doing it.The court held that the state Constitution empowers the Legislature to provide for the election of county sheriffs and to set minimum qualifications for sheriff candidates. The court rejected the argument that section 24004.3 conflicts with or was preempted by the California Constitution. The court also held that there was no merit to the argument that the Legislature exceeded its authority pursuant to the California Constitution in enacting section 24004.3 or that the statute violates the First Amendment rights of would-be candidates or the voters at large. Finally, the trial court reasonably concluded that plaintiff's delay in filing and prosecuting the writ petition was prejudicial. View "Boyer v. Ventura County" on Justia Law