Justia Election Law Opinion Summaries

The Supreme Court ordered the General Assembly to pass a new congressional-district plan that complied with the Ohio Constitution, holding that the plan adopted by the Ohio Redistricting Commission on March 2, 2022 unduly favored the Republican Party and disfavored the Democratic Party in violation of Ohio Const. art. XIX, 1(C)(3)(a).On January 14, 2022, the Supreme Court held that the congressional-district plan passed by the General Assembly was invalid in its entirety and directed the General Assembly to adopt a new plan that complied with Article XIX. After the redistricting commission adopted the March 2 plan, Petitioners filed original actions challenging the plan. The Supreme Court granted the petition, holding that the March 2 plan did not comply with Article XIX, section 1(C)(3)(a) of the Ohio Constitution and was therefore invalid. View "Santomauro v. McLaughlin" on Justia Law

In this case concerning two documents created by employees of the Wisconsin Elections Commission (WEC) that authorized municipal clerks and local election officials to establish ballot drop boxes the Supreme Court held that the documents were invalid because ballot drop boxes are illegal under Wisconsin statutes.Two Wisconsin voters brought this action challenging the validity of the documents, arguing, among other things, that, under Wisconsin statutes, drop boxes are illegal. The circuit court granted summary judgment in favor of Plaintiffs. The Supreme Court affirmed, holding (1) an absentee ballot must be returned by mail or the voter must personally deliver it to the municipal clerk at the clerk's officer or a designated alternate site, not an inanimate object; and (2) therefore, the documents were invalid. View "Teigen v. Wisconsin Elections Commission" on Justia Law

In this lawsuit challenging both the residency and voter-registration requirements under Maine law the First Circuit affirmed the order issuing a preliminary injunction preventing the residency requirement and voter-registration requirement from being enforced, holding that there was no error.In 2020, Plaintiffs brought this action against the Secretary of State of Maine and the Deputy Secretary of State of Maine for the Bureau of Corporations in their official capacities, alleging that, by restricting who may be a circulator, Maine's residency and voter-registration requirements violate the First Amendment, as incorporated against the states by the Due Process Clause of the Fourteenth Amendment. The district court granted Plaintiffs' request for a preliminary injunction. The First Circuit affirmed, holding that Plaintiffs established that they were likely to succeed on the merits of their claims. View "We The People PAC v. Bellows" on Justia Law

In November 2017, Michele Yamakaitis, the nominee of the Democratic Party, was re-elected to a three-year term as the councilmember representing the 8th Ward to the City of Linden Municipal Council (City Council). One year later, Yamakaitis was elected council president, and she resigned as councilmember to assume her new role. On the day of her resignation, the Linden city clerk forwarded a letter to Nicholas Scutari, Chairman of the Linden Democratic Committee, alerting him to the process for filling the 8th Ward vacancy. Chairman Scutari advised the city clerk that the Democratic Committee had met and selected three candidates, including Paul Coates, Jr., to fill the vacant seat. The City Council rejected all three candidates submitted by the Linden Democratic Committee and adopted a Resolution to leave the 8th Ward seat vacant until the next general election, a position the mayor supported. The Democratic Committee voted and swore in Coates to serve as the councilmember representing the 8th Ward, citing N.J.S.A. 40A:16-11 as the authority for that action. The City Council then exercised “[its] right under [N.J.S.A. 40A:16-5(b)] to maintain a vacancy in the 8th Ward,” and declined to recognize Coates as councilmember. In February 2019, Coates and the Democratic Committee filed suit alleging that defendants -- the City and City Council -- had violated the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23, by refusing to seat Coates as councilmember. The Chancery Court agreed and voided the Resolution to keep the seat vacant and directed that Coates be seated as the 8th Ward councilmember. Defendants appealed, challenging the court’s findings under both the Vacancy Law, and Coates and the Democratic Committee cross-appealed to uphold the Chancery Court's decision. The Appellate Division reversed the Chancery Division’s orders, determining that the City Council had the authority under N.J.S.A. 40A:16-5 to decline to fill the vacancy. The New Jersey Supreme Court found that in amending in 1990 Sections 11 and 13 of the Municipal Vacancy Law, the Legislature removed the governing body’s discretion to keep vacant a seat previously occupied by a nominee of a political party. "Section 11 mandates that the governing body choose one of the municipal committee’s three nominees." View "Linden Democratic Committee v. City of Linden " on Justia Law

The Supreme Court affirmed the order of the district court rejecting Appellant's complaint challenging an initiative petition that would, if approved by voters, add two sections to Article 15 of the Nevada Constitution, holding that the district court properly denied relief.The initiative petition proposed two changes - open primary elections and ranked-choice general elections for specified officeholders. The district court rejected Appellant's complaint challenging the initiative petition. The Supreme Court affirmed, holding (1) even though the initiative petition proposed more than one change to Nevada law, it still met the single-subject requirement; (2) the initiative petition's description of effect was not misleading or inadequate; and (3) Appellant failed to demonstrate that the proposal required the expenditure of money without providing a funding source. View "Helton v. Nevada Voters First PAC" on Justia Law

The Supreme Court affirmed the order of the district court enjoining Education Freedom PAC (EFP) from circulating an initiative petition for signatures and enjoining the Secretary of State from including the initiative on the ballot, holding that the initiative fell short of meeting constitutional requirements.The initiative at issue would amend the Nevada Constitution to require the legislature to establish education freedom accounts for parents to use to pay for their child's education if that child is educated outside of the uniform system of common schools. Respondents filed a complaint for declaratory and injunctive relief challenging the petition. The district court concluded that the initiative was invalid for three reasons. The Supreme Court affirmed, holding that the district court (1) properly denied EFP's request to dismiss the complaint; and (2) properly enjoined the EFP initiative's circulation and placement on the ballot because the initiative failed to comply with constitutional requirements. View "Education Freedom PAC v. Reid" on Justia Law

The issue this case presented for the Colorado Supreme Court’s review centered on proposed Initiatives #67 (2021-2022), #115 (2021-2022) and #128 (2021-2022), and whether they violated the single-subject requirement of the Colorado Constitution. Each indicative included provisions that would allow food retailers already licensed to sell beer to also sell wine, and provisions that would authorize third-party delivery services to deliver all alcoholic beverages sold from licensed retailers to consumers at their homes. After review, the Supreme Court determined the Initiatives violated the single-subject requirement, and the Title Board lacked jurisdiction to set titles for them. Accordingly, the Board’s actions were reversed. View "Fine v. Ward" on Justia Law

The Supreme Court reversed the order of the trial court dismissing the claims brought by the Mexican American Legislative Caucus (MALC) and the claim brought by a group of plaintiffs referred to as the Gutierrez Plaintiffs that the recently enacted laws reapportioning Texas's legislative districts violate Tex. Const. art. III, 26, holding that the trial court erred in part.MALC and the Gutierrez Plaintiffs sued Defendants - various State officials - claiming that the laws at issue violated Article III, Sections 26 and 28. Defendants filed pleas to the jurisdiction, which the trial court largely denied. The Supreme Court reversed in part and remanded the case to the trial court, holding (1) MALC lacked associational standing to pursue its claims; (2) at least one of the Gutierrez Plaintiffs had standing to pursue each claim a proper defendant, but not the State; (3) the Gutierrez Plaintiffs' section 26 was not barred by sovereign immunity, but the section 28 claim was; and (4) the Gutierrez Plaintiffs should have the opportunity to replead their section 26 claim against a proper defendant. View "Abbott v. Mexican American Legislative Caucus" on Justia Law

The Supreme Court reversed the judgment of the lower court finding the legislative reapportionment in the map colloquially known as "Ad Astra 2" constitutionally deficient as a partisan and racial gerrymander, holding that Plaintiffs did not prevail on any of their claims that Ad Astra 2 violates the Kansas Constitution.The district court held that Sub. SB 355 violates the Kansas Constitution as both a partisan and a racial gerrymander. The Supreme Court reversed, holding (1) this Court had jurisdiction to hear Plaintiffs' claims; (2) claims of excessive partisan gerrymandering are nonjusticiable in Kansas; and (3) Plaintiffs did not establish the elements of their race-based claims. View "Rivera v. Schwab" on Justia Law

The Supreme Court upheld the validity of Substitute for Senate Bill 563 (Sub. SB 563), holding that the Kansas State House and Kansas State Senate reapportionment maps contained within Sub. SB 563 contain no constitutional errors.The two maps at issue were approved by bipartisan majorities, and Sub. SB 563 was signed into law on April 15, 2022. On April 25, Attorney General Derek Schmidt petitioned the Supreme Court to determine the validity of Sub. SB 563, as required by Kan. Const. art. 10, 1(b). The Supreme Court held that Sub. SB 563 passed constitutional muster because the legislative maps contained therein satisfied the constitutional requirement of one person one vote, they were not discriminatory, and they satisfied the requirements of the Voting Rights Act. View "In re Validity of Substitute for Senate Bill 563" on Justia Law