Justia Election Law Opinion Summaries

A group of Baltimore City registered voters, led by Anthony J. Ambridge, filed a petition seeking judicial review of a proposed amendment to the Baltimore City Charter, known as "Question F," which was to appear on the 2024 general election ballot. The petitioners argued that the proposed charter amendment was not proper "charter material" and that the ballot language was not understandable. The Maryland State Board of Elections opposed the petition, arguing that the claims were barred by laches and that the judicial review mechanism used by the petitioners was inappropriate.The Circuit Court for Anne Arundel County ruled in favor of the petitioners, determining that the claims were not barred by laches and could be raised under the judicial review mechanism. The court found that Question F violated Article XI-A of the Maryland Constitution as it was not proper charter material and that the ballot language was not easily understandable by voters. The court ordered that the results of Question F should not be certified.The Supreme Court of Maryland reviewed the case and held that EL § 9-209(a) is not a proper mechanism to challenge whether a proposed charter amendment is proper charter material or whether the ballot language meets the standards for understandability. The Court also held that the petitioners' claims were barred by laches due to the unreasonable delay in filing the petition, which caused prejudice to the State Board, the City, and the electorate. The Court further concluded that the ballot language conveyed, with minimum reasonable clarity, the actual scope and effect of the measure, allowing voters to make an informed choice. The Supreme Court of Maryland reversed the circuit court's order and remanded the case for entry of judgment in favor of the appellants. View "State Bd. of Elections v. Ambridge" on Justia Law

Henry Strickland contested the results of a city commissioner election in Waycross, Georgia, after losing to Alvin Nelson. Strickland argued that the election used an outdated 2005 map of voting districts instead of the correct 2011 map, resulting in 32 voters casting ballots in the wrong districts. The trial court agreed, finding that the use of the 2005 map could have affected the election outcome, which Nelson won by 18 votes. Consequently, the court vacated the election and ordered a new one to be held in November 2024 using the 2011 map.The trial court denied Nelson's motion to dismiss Strickland's petition for insufficient process and service of process and rejected Nelson's argument that the petition should be dismissed for lack of expeditious pursuit. The court found irregularities in the election due to the use of the 2005 map and ordered a new election. Nelson appealed the trial court's decision, and the Supreme Court of Georgia granted his request for a stay pending the appeal.The Supreme Court of Georgia reversed the trial court's judgment. The Court held that the 2011 map was never effective because the required filings with the Secretary of State and the clerk of the superior court, as mandated by OCGA § 36-35-5, were never made. Since the 2011 map was not effective at the time of the election, there was no basis for the trial court's conclusion that enough illegal or irregular votes were counted to change or cast doubt on the election outcome. Therefore, Strickland's petition was rejected, and the trial court's order vacating the election was reversed. View "NELSON v. STRICKLAND" on Justia Law

The Wisconsin Voter Alliance filed identical petitions for writ of mandamus against the registers in probate for 13 circuit courts in Wisconsin, seeking access to Notice of Voting Eligibility (NVE) forms under Wisconsin’s public records law. These forms document when a court finds an individual incompetent to vote. The Alliance argued that they needed this information to ensure the Wisconsin Elections Commission (WEC) was updating voter records accurately.The Walworth County Circuit Court dismissed the Alliance’s petition, agreeing with the register in probate, Kristina Secord, that the NVE forms were exempt from disclosure under Wisconsin Statute § 54.75. The Alliance appealed to the Court of Appeals, District II. Meanwhile, the Court of Appeals, District IV, had already ruled in a similar case (Reynolds) that NVE forms were exempt from disclosure under the same statute, affirming the Juneau County Circuit Court’s dismissal of the Alliance’s petition.In the current case, the Court of Appeals, District II, issued a split opinion. The majority held that the Alliance was entitled to the NVE forms, possibly with redactions, and reversed the circuit court’s dismissal. However, the Wisconsin Supreme Court reviewed the case and found that District II violated the precedent set by Cook v. Cook, which mandates that the Court of Appeals must follow prior published opinions unless overruled by the Supreme Court.The Wisconsin Supreme Court held that District II was bound by the Reynolds decision and should have either certified the appeal to the Supreme Court or adhered to the prior opinion while expressing its disagreement. Consequently, the Supreme Court reversed the decision of the Court of Appeals, District II, and remanded the case with instructions to follow the precedent established in Reynolds. View "Wisconsin Voter Alliance v. Secord" on Justia Law

Irva E. Reed sought to run for a seat on the Montgomery County Commission in 2024. She submitted her qualifying papers to the Montgomery County Democratic Party in November 2023 and confirmed she would submit a "Statement of Economic Interests" (SEI) to the Alabama Ethics Commission within five days, as required by Alabama law. However, she filed her SEI 41 days late. The Director of the Commission informed the Party that Reed was not qualified to appear on the ballot. Reed requested a five-day extension due to illness, but the Commission denied her request.Reed then sued the Director, the Chairman of the Commission, and the Secretary of State in their official capacities in the Montgomery Circuit Court, seeking a judgment declaring her illness as a valid reason for the delay and an injunction to place her name on the ballot. The trial court granted her request for a preliminary injunction, ordering the Commission and the Party to certify Reed as a candidate. The defendants appealed the trial court's order, and the Supreme Court of Alabama stayed the injunction while addressing the appeal.The Supreme Court of Alabama reviewed the case de novo and found that Reed's claim was moot because the election had already occurred. The court held that a judgment in Reed's favor would not affect the rights of the parties. The court also determined that none of the exceptions to mootness cited by Reed—capable of repetition but evading review, public interest, and collateral rights—applied in this case. Consequently, the Supreme Court of Alabama dismissed the appeal and instructed the trial court to dissolve the injunction and dismiss Reed's complaint. View "Plunk v. Reed" on Justia Law

Christina Peterson, representing herself, challenged the qualifications of Valerie Vie as a candidate for probate court judge in Douglas County, Georgia. Peterson claimed that Vie had not been a resident of Douglas County for the required time to run for the office. Peterson initially filed a challenge with the local Board of Elections, which was denied. She then filed a petition for review in superior court, which was also denied. After the primary election, which Vie won, Peterson filed a second petition in superior court challenging the election results on the same grounds.The local Board of Elections held a hearing and denied Peterson's challenge. Peterson then filed a petition for review in the superior court, which was also denied. Peterson did not seek to stay the primary election and filed an application for discretionary appeal with the Supreme Court of Georgia, which was denied. Subsequently, Peterson filed a post-primary petition in superior court, which was dismissed on the grounds of collateral estoppel, res judicata, and mootness due to her failure to seek a stay of the primary election.The Supreme Court of Georgia reviewed the case and dismissed Peterson's appeal. The court held that parties seeking to challenge election results must act with dispatch to resolve disputes before the election occurs. Peterson failed to expedite her challenges and did not seek a stay of the primary election. The court emphasized the importance of resolving election disputes promptly to avoid unnecessary expenses and ensure the finality of election results. Consequently, the court dismissed the appeal without addressing the merits of Peterson's claims. View "Peterson v. Vie" on Justia Law

Three registered electors from Bridgeport filed a writ of error challenging a trial judge's decision to deny their applications for arrest warrants for two individuals who allegedly violated election laws during the 2023 Democratic primary for the mayoral office. The plaintiffs claimed that the trial judge misinterpreted the relevant statute, General Statutes § 9-368, which they argued mandated the issuance of arrest warrants upon their complaint. The state of Connecticut, the defendant in error, argued that the writ should be dismissed because the plaintiffs were neither statutorily nor classically aggrieved by the denial of their applications.The Superior Court for the judicial district of Fairfield, with Judge Thomas J. Welch presiding, denied the applications for arrest warrants. The judge concluded that § 9-368 was inconsistent with the federal and state constitutions and the rules of practice, as it allowed for the issuance of arrest warrants based on a standard less than probable cause and without coordination with the Division of Criminal Justice. The judge did not reach the substantive merits of the applications and suggested that the matter could be referred to a prosecuting authority.The Supreme Court of Connecticut reviewed the case. The court held that the plaintiffs in error were not required to establish statutory aggrievement to bring a writ of error. However, the court dismissed the writ on the grounds that the plaintiffs were not classically aggrieved. The court determined that the plaintiffs lacked a specific, personal, and legal interest in the arrest and prosecution of those who allegedly violated election laws, as they were private citizens without a judicially cognizable interest in the prosecution or nonprosecution of another. Consequently, the plaintiffs did not have standing to challenge the trial judge's denial of their arrest warrant applications. View "In re Criminal Complaint & Application for Arrest Warrant" on Justia Law

Plaintiffs Chris Robles and the California Voting Rights Initiative sued the City of Ontario, alleging violations of the Voting Rights Act and the California Voting Rights Act due to the city's at-large method of electing council members, which they claimed diluted Latino electoral influence. The parties settled, agreeing to transition to district-based elections by 2024 and included a provision for attorney fees incurred up to that point.The Superior Court of San Bernardino County initially sustained the city's demurrer but later entered a stipulated judgment based on the settlement. Plaintiffs later filed a motion to enforce the stipulated judgment, claiming the city violated several statutory requirements during the districting process. The court found the city had not complied with the stipulated judgment but questioned the validity of the settlement terms. Eventually, the city adopted the plaintiffs' proposed district map.Plaintiffs sought additional attorney fees for enforcing the stipulated judgment. The trial court denied this request, interpreting the stipulated judgment as precluding further fees and deeming plaintiffs' enforcement efforts unnecessary. Plaintiffs appealed this decision.The California Court of Appeal, Fourth Appellate District, Division Three, reversed the trial court's order. The appellate court held that the plain language of the stipulated judgment allowed plaintiffs to seek attorney fees for enforcing its terms. The case was remanded for the trial court to determine if plaintiffs were prevailing parties and, if so, the appropriate amount of attorney fees. The appellate court clarified that the determination of the prevailing party should be based on whether the party achieved its litigation objectives, not on the perceived necessity of their actions. View "Robles v. City of Ontario" on Justia Law

The case involves the Republican National Committee (RNC) and the North Carolina Republican Party (NCGOP) filing two state law claims against the North Carolina State Board of Elections (State Board) and its members. The claims, one statutory and one constitutional, allege that the State Board failed to comply with the Help America Vote Act of 2002 (HAVA), which mandates certain voter registration and maintenance procedures. The Democratic National Committee (DNC) intervened as a defendant. The plaintiffs argue that the State Board's noncompliance with HAVA led to improper voter registrations, potentially affecting 225,000 voters.The United States District Court for the Eastern District of North Carolina initially reviewed the case. The district court found it had original jurisdiction over the state statutory claim but not the state constitutional claim. It dismissed the statutory claim, ruling that the relevant statutory provision did not provide a private right of action. Consequently, the district court declined to exercise supplemental jurisdiction over the state constitutional claim and remanded it to state court, also holding that Section 1443 did not provide a valid basis for removal.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the district court's remand order was improper. It found that the district court possessed original jurisdiction over the state constitutional claim under Section 1331 because the claim contained an embedded federal question. The court also determined that removal was permissible under Section 1441. Additionally, the court held that the defendants validly removed the constitutional claim pursuant to Section 1443(2), which allows for removal in cases involving the refusal to perform an act on the grounds that it would be inconsistent with laws providing for equal rights. The court reversed the district court’s remand order and remanded the case for further proceedings consistent with its opinion. View "RNC v. North Carolina State Board of Elections" on Justia Law

Two electors, Faith Genser and Frank Matis, submitted mail-in ballots for the 2024 Primary Election without the required Secrecy Envelopes. The Butler County Board of Elections identified the defect and notified the electors that their mail-in ballots would not be counted. The electors then cast provisional ballots on Election Day. The Board did not count these provisional ballots, leading the electors to file a petition in the Court of Common Pleas of Butler County.The trial court dismissed the petition, upholding the Board's decision. It concluded that the Election Code did not support counting provisional ballots when a defective mail-in ballot had been submitted. The court emphasized that the Election Code's requirements for mail-in ballots were mandatory and that the Board's role was to ensure compliance with these requirements during canvassing.The Commonwealth Court reversed the trial court's decision, holding that the electors' provisional ballots should be counted. It found ambiguity in the Election Code's language regarding when a ballot is considered "cast" or "voted." The court interpreted the provisions to mean that a ballot must be valid and counted to preclude the counting of a provisional ballot. It concluded that the General Assembly intended to allow voters to remedy their circumstances when their initial mail-in ballot was invalid or incomplete.The Supreme Court of Pennsylvania affirmed the Commonwealth Court's decision. It held that the Election Code required the Board to count the electors' provisional ballots because their mail-in ballots were void due to the lack of Secrecy Envelopes. The Court emphasized that a void ballot has no legal effect and that the Election Code's provisions aim to prevent double voting while ensuring that every qualified voter has the opportunity to cast a vote. View "Genser v. Butler County Board of Elections" on Justia Law

The case involves a petition filed by Jennifer McGill and Cherokee Nation Entertainment, LLC (CNE) seeking to invalidate a proposed constitutional amendment concerning the Pope County casino license. The petitioners argued that the Arkansas Secretary of State, John Thurston, improperly certified the proposed amendment. They claimed that the number of valid signatures was insufficient and that the popular name and ballot title were misleading. Local Voters in Charge (LVC) and Jim Knight intervened in the case, supporting the proposed amendment.Previously, the Arkansas Supreme Court granted expedited consideration of the petition and allowed the intervention. The court bifurcated the proceedings into two counts: the sufficiency of the signatures and the sufficiency of the popular name and ballot title. A Special Master was appointed to resolve factual disputes regarding the signatures, which were addressed in a separate opinion. This opinion focuses on the challenges to the popular name and ballot title.The Arkansas Supreme Court reviewed the popular name and ballot title certified by the Attorney General. The court held that the popular name and ballot title were sufficient and not misleading. The court found that the ballot title adequately informed voters that any existing casino license in Pope County would be revoked if the amendment passed. The court also rejected arguments that the popular name and ballot title failed to disclose conflicts with federal law or that they misled voters about the amendment's impact on future constitutional amendments.Ultimately, the Arkansas Supreme Court denied the petition, allowing the proposed amendment to remain on the ballot for the November 5, 2024, general election. The court issued its mandate immediately. View "MCGILL V. THURSTON" on Justia Law