Justia Election Law Opinion Summaries

The issue this case presented for the Washington Supreme Court's review was whether the penalty for intentionally concealing the source of political contributions could be based on the amount concealed. Washington voters proposed and passed Washington’s Fair Campaign Practices Act (FCPA or act), ch. 42.17A RCW. The FCPA compels disclosure and “compelled disclosure may encroach on First Amendment rights by infringing on the privacy of association and belief.” In 2012, California voters were presented with Proposition 37, which would have required some manufacturers to disclose whether packaged food contained genetically modified organisms (GMO). The Grocery Manufacturer’s Association (GMA) and many of its member companies successfully campaigned against Proposition 37, and some received negative responses from the public for doing so. In the wake of the Proposition 37 campaign, Washington sponsors filed Initiative 522, which also would have required GMO labels on packaged food. And like Proposition 37, GMA opposed it. GMA raised more than $14 million to oppose GMO labeling efforts. GMA in turn contributed $11 million to the “No on 522” campaign from the Defense of Brands strategic account. Despite its political activities in Washington, GMA did not register as a political committee with the Public Disclosure Commission (PDC) and did not make any PDC reports until after this lawsuit was filed. In response to the suit, GMA registered “under duress” but, as of the time of trial, still had not filed all of the required reports. The State sued, contending that GMA intentionally, flagrantly, and repeatedly violated the FCPA. The trial court specifically rejected testimony from GMA officers that they had not intended to violate the law, finding “it is not credible that GMA executives believed that shielding GMA’s members as the true source of contributions to GMA’s Defense of Brands Account was legal.” A majority of the Washington Supreme Court concluded GMA did not show that the trial court erred in imposing a punitive sanction under the FCPA based on the amount intentionally concealed. The Court thus affirmed the courts below and remanded for any further proceedings necessary. View "Washington v. Grocery Mfrs. Ass'n" on Justia Law

After losing their bids for the November 2019 elections for Quitman County Chancery and Circuit Clerk, Shirley Smith Taylor and Tea “Windless” Keeler, respectively, filed election contests. In July 2020, following a two-day trial of the consolidated contests, the court entered its Findings of Fact and Conclusions of Law, dismissing the election contests with prejudice and finding that six enumerated claims brought by Taylor and Keeler were frivolous.Further, the court denied Brenda Wiggs’s and T.H. “Butch” Scipper’s requests that Taylor and Keeler be sanctioned, and that Wiggs and Scipper be awarded attorneys’ fees under Mississippi Rule of Civil Procedure 11(b) and the Litigation Accountability Act of 1988 (LAA). The Mississippi Supreme Court affirmed in part the circuit court’s denial of an award of attorneys’ fees under Rule 11(b) since the court’s decision was not an abuse of discretion. The Supreme Court reversed and remanded in part the circuit court’s decision to deny the imposition of sanctions and award of attorneys’ fees under the LAA in light of its finding that six of Taylor’s and Keeler’s claims were frivolous. View "In Re: Contest of the November 5, 2019 General Election for the Chancery Clerk of Quitman, Mississippi" on Justia Law

A political consultant designed two campaign mailers that were distributed to voters in a local city council election. The mailers included statements about a local real estate developer and his litigation history with the city, and linked the developer to certain candidates. The developer sued the political consultant for libel based on allegedly false statements about him in the mailers, and the political consultant in turn filed a special motion to strike the complaint under the anti-SLAPP statute. The trial court denied the anti-SLAPP motion, finding that although the complaint arose from protected conduct, the developer demonstrated a probability of prevailing. After review, the Court of Appeal agreed and therefore affirmed the order denying the anti-SLAPP motion. View "Edward v. Ellis" on Justia Law

After a narrow loss in the general election for Alaska House District 27, Lance Pruitt contested the result. The superior court dismissed Pruitt’s multi-count complaint for failure to state a valid claim. But in order to expedite the case’s eventual review, the court heard evidence on a single count: Pruitt’s claim that the Division of Elections committed malconduct that influenced the election by moving a polling place without notifying the public in all the ways required by law. After considering the evidence, the superior court ruled that Pruitt did not show either that the lack of notice amounted to malconduct or that it was sufficient to change the results of the election. Pruitt appealed only the count on which the court heard evidence. In order to resolve this election contest before the start of the legislative session, the Alaska Supreme Court issued a brief order stating that Pruitt had not met his burden to sustain an election contest. This opinion explained the Court’s reasoning. Although the count alleging inadequate notice should not have been dismissed for failure to state a claim, the Court held it did not succeed on the merits. Accordingly, the Court affirmed the superior court’s judgment. View "Pruitt v. Alaska" on Justia Law

Debbie Hiltz appealed, and Anita Bedwell cross-appealed a circuit court's judgment in an election contest declaring Bedwell, the contestee, the winner of an election for the Office of City Council, Place 1, in Rainbow City, Alabama. Although Hiltz indicates on appeal that one of her arguments might present a question of first impression for the Alabama Supreme Court, the Court found the cases cited by Bedwell in response demonstrated that the Supreme Court has already considered and rejected in previous cases arguments that were substantially similar to the alleged question of first impression raised by Hiltz. Moreover, Hiltz's other arguments were not supported with adequate authority demonstrating reversible error by the circuit court. In light of this, the circuit court's judgment was affirmed in Hiltz's appeal. According to Bedwell's appellate brief, the issues she raised in her cross-appeal were moot if the Supreme Court determined that Hiltz's appeal lacks merit. Thus, because Hiltz's appellate arguments indeed lacked merit, Bedwell's cross-appeal was moot. Therefore, Bedwell's cross-appeal was dismissed. View "Hiltz v. Bedwell" on Justia Law

Appellant Daniel Mohn was a Republican committeeperson of Appellee, the Bucks County Republican Committee, for the voting district of Yardley Borough. In 2014, he was first elected to a two-year term, and reelected in 2016. After the election, the acting chairman of Appellee’s Ethics Committee sent a letter to Appellant advising him that complaints had been lodged by Bryan McNamara and Nicholas and Sandra Liberato, alleging among other things, that Appellant had “actively campaigned against an endorsed candidate for committeeman and disparaged the importance and value of the Bucks County Republican Committee Sample Ballot.” In his correspondence to Appellant, the acting chairman also related that an investigatory hearing had been scheduled before the Ethics Committee. Appellant asked for, and was granted, a short continuance. Appellant's counsel took the position that the Code of Ethics reposited in the Committee Rules applied solely to elected and appointed public officials, not party officials. As such, counsel opined that the Ethics Committee lacked the authority to conduct any proceedings and asserted that the hearing should be cancelled. In the alternative, counsel reiterated his request for a longer continuance and complained that he hadn’t been provided with requested documents. The hearing before the Ethics Committee apparently proceeded nevertheless, and at the conclusion of the hearing, the Executive Committee voted to disqualify Appellant as a committeeperson and declare his office vacant. Appellant and two other individuals filed a complaint in the court of common pleas seeking declaratory and injunctive relief to prevent their removal as committeepersons, as well as an award of attorneys’ fees as a sanction for purported bad faith. The plaintiffs also filed a separate emergency motion asking the court to enjoin the conduct of any hearing before the Executive Committee. The issue before the Pennsylvania Supreme Court in this matter reduced to a question of the jurisdiction of Pennsylvania courts to intervene in the internal affairs of political parties. The Court credited Appellee's position that “through its internal, self-organized apparatus, [it was] permitted to construe its own governing rules and to disqualify elected occupants of its offices from participation in its affairs by exercising its own judgment, free from judicial interference.” View "Mohn v. Bucks Co. Republican Committee" on Justia Law

Warren Schmitz contested the results of the November 3, 2020, election to fill the seat for Georgia House of Representatives District 52. The certified election results showed that 17,069 votes were cast for Shea Roberts, and 16,692 votes were cast for incumbent Deborah Silcox, thus making Roberts the winner by 377 votes. Claiming a variety of irregularities, Schmitz filed a timely petition in Fulton County Superior Court on November 25, 2020, to contest the results of the House District 52 election. On April 22, 2021, that petition was dismissed by the superior court based on its determination that Roberts had to be served with the notice of the election contest under OCGA 21-2-524 (f) and its finding that Schmitz failed to exercise diligence to see that Roberts was properly served. On appeal, Schmitz contended these determinations were erroneous and that the trial court lacked the authority to dismiss the case on this basis. However, the Georgia Supreme Court agreed with the superior court that OCGA 21-2-524 (f) required candidates to be served with notice of the election contest. "Moreover, because the findings of the superior court with respect to diligence are supported by the record and because dismissal of the election contest was within the superior court’s discretion, we affirm." View "Schmitz v. Barron et al." on Justia Law

About two months before the 2020 general election, a village government, a nonpartisan political organization, and two individual Alaska voters sought to enjoin the State from enforcing a statute that required absentee ballots to be witnessed by an official or other adult. They argued that, under the unusual circumstances posed by the COVID-19 pandemic, the witness requirement unconstitutionally burdened the right to vote. The superior court granted a preliminary injunction, concluding that the State’s interests in maintaining the witness requirement were outweighed by the burden that requirement would impose on the right to vote during times of community lockdowns and strict limits on person-to-person contact. The court also rejected the State’s laches defense, reasoning that the unpredictability of the pandemic’s course made it reasonable for the plaintiffs to wait as long as they did before filing suit. The State petitioned for review. After an expedited oral argument the Alaska Supreme Court affirmed the superior court’s decision, finding no abuse of discretion. This opinion explained the Court's reasoning. View "Alaska, Office of Lieutenant Governor, Division of Elections v. Arctic Village Council, et al." on Justia Law

Plaintiffs are three Ohioans who tried to get initiatives to decriminalize marijuana on local ballots. Soon after they filed their proposed initiatives for November 2020 ballots, Ohio declared a state of emergency because of COVID-19 and ordered Ohioans to stay at home. Ohio’s ballot-access laws require the submission of a petition with a minimum number of ink signatures witnessed by the petition’s circulator. Plaintiffs say the laws, as applied during the COVID-19 pandemic, made it too difficult for them to get any of their initiatives on 2020 ballots. They sought declaratory and injunctive relief but tied their requests for relief exclusively to the November 2020 election. The Sixth Circuit affirmed the dismissal of the case. The election has come and gone and, with it, the prospect that plaintiffs can get any of the relief they asked for. The case is moot. View "Thompson v. DeWine" on Justia Law

Richard and Stacy Andreacchio invoked Mississippi Code Section 23-15-951 (Rev. 2018), not to challenge the determination that the Republican candidate, Kassie Coleman, received more legal votes than her Democrat opponent in the November 2019 election for district attorney of the Tenth Circuit District. The Andreacchios conceded Coleman won her election. However, they contended Coleman was not qualified to run in the first place. The Mississippi Supreme Court concluded the trial court did not err in dismissing the Andreacchios complaint: the mechanism to challenge a candidate who was qualified to run for his or her political party’s nomination was provided in Mississippi Code Section 23-15-961 (Rev. 2018). View "Andreacchio v. Coleman" on Justia Law