Justia Election Law Opinion Summaries

Petitioner challenged the legal sufficiency of Oklahoma State Question No. 818, Initiative Petition No. 432. State Question 818, Petition No. 432 sought to create a new article to the Oklahoma Constitution, Article 31, which would: (1) replace the Oklahoma Medical Marijuana Authority with a new state agency--the "Oklahoma State Cannabis Commission" and define its duties; and (2) expand the statutory framework regarding regulation and taxation of medical marijuana. Petitioner Paul Tay, alleged State Question No. 818, Petition No. 432 was unconstitutional because: (1) it was preempted by federal law; (2) signatures gathered on and elections held on tribal land would be invalid; and (3) its gist was insufficient. After review, the Oklahoma Supreme Court held Petitioner failed to establish clear or manifest facial unconstitutionality. State Question No. 818, Initiative Petition No. 432 was therefore legally sufficient for submission to Oklahomans for voting. View "Tay v. Green" on Justia Law

Petitioner challenged the legal sufficiency of Oklahoma State Question No. 818, Initiative Petition No. 432. State Question 818, Petition No. 432 sought to create a new article to the Oklahoma Constitution, Article 31, which would: (1) replace the Oklahoma Medical Marijuana Authority with a new state agency--the "Oklahoma State Cannabis Commission" and define its duties; and (2) expand the statutory framework regarding regulation and taxation of medical marijuana. Petitioner Paul Tay, alleged State Question No. 818, Petition No. 432 was unconstitutional because: (1) it was preempted by federal law; (2) signatures gathered on and elections held on tribal land would be invalid; and (3) its gist was insufficient. After review, the Oklahoma Supreme Court held Petitioner failed to establish clear or manifest facial unconstitutionality. State Question No. 818, Initiative Petition No. 432 was therefore legally sufficient for submission to Oklahomans for voting. View "Tay v. Green" on Justia Law

In this original action filed by Petitioners to remedy malapportionment in Wisconsin's state legislative and congressional districts the Supreme Court held that the maps proposed by the Wisconsin Legislature were race neutral.On March 3, 2022, the Supreme Court selected legislative and congressional maps drawn by Governor Tony Evers. On certiorari review, the United States Supreme Court summarily reversed, concluding that racial motivations drove the Governor's selection of district lines. On remand, the Supreme Court held (1) the maps proposed by the Governor, Senator Janet Bewley, Black Leaders Organizing for Communities, and Citizen Mathematicians and Scientists were racially motivated and failed strict scrutiny under the Equal Protection Clause; and (2) this Court adopts the state senate and assembly maps proposed by the State Legislature. View "Johnson v. Wisconsin Elections Commission" on Justia Law

For the fourth time this issue was before the Supreme Court, the Court held that the third-revised General Assembly-district plan adopted by the Ohio Redistricting Commission violates the standards of Ohio Const. art. XI, 6(A) and 6(B) and that a new plan must be adopted in conformity with the Ohio Constitution.Between September 2021 and February 2022 the Commission adopted three General Assembly-district plans, each of which the Supreme Court invalidated because they did not comply with Article XI, Sections 6(A) and 6(B). The Commission subsequently adopted its fourth plan - the third-revised plan. The Supreme Court ordered the Commission to be reconstituted and to adopt a new plan in conformity with the Ohio Constitution, holding that the third-revised plan violates Article XI, Sections 6(A) and 6(B). View "League of Women Voters of Ohio v. Ohio Redistricting Committee" on Justia Law

Plaintiffs, three Arizona voters and three organizations, including the Democratic National Committee, brought this action against the Arizona Secretary of State alleging that the Ballot Order Statute violates the First and Fourteenth Amendments because it gives candidates the benefit of appearing first on the ballot, not on the basis of some politically neutral ordering (such as alphabetically or by lot), but on the basis of political affiliation.The district court dismissed the complaint on the basis that plaintiffs lack standing and that the complaint presented a nonjusticiable political question. The circuit court panel held that the district court erred in dismissing the suit on these grounds. The panel held that: (1) the DNC satisfied the injury in fact requirement on the basis of its competitive standing; (2) the challenged law was traceable to the Secretary; and (3) having shown that an injunction against the Secretary would significantly increase the likelihood of relief, plaintiffs met their burden as to redressability. The court reasoned that adjudicating a challenge to a ballot order statute did not present the sort of intractable issues that arise in partisan gerrymandering cases. Further, the court rejected the Secretary’s argument that the district court’s dismissal could be affirmed on the alternative ground that she was not the proper defendant under Article III or the Eleventh Amendment. Finally, the panel held that plaintiffs had stated a claim sufficient to survive a motion to dismiss. View "BRIAN MECINAS V. KATIE HOBBS" on Justia Law

The 2020 census revealed that Wisconsin’s State Assembly and Senate districts were no longer equally apportioned. The Governor vetoed new maps passed by the legislature. The Wisconsin Supreme Court invited proposed maps and selected the Governor's proposed maps; the Assembly map created seven majority-black districts—one more than the current map. The court stated there were “good reasons” to think that the Voting Rights Act of 1965 (VRA), 52 U.S.C. 10301 “may” require the additional majority-black district.The U.S. Supreme Court reversed. Under the Equal Protection Clause, districting maps that sort voters on the basis of race cannot be upheld unless they are narrowly tailored to achieving a compelling state interest, such as compliance with the VRA. Preconditions to demonstrating a VRA violation require showings that the minority group is sufficiently large and compact to constitute a majority in a reasonably configured district, the minority group is politically cohesive, and a majority group votes sufficiently as a bloc to enable it to usually defeat the minority group’s preferred candidate. If the preconditions are established, a court considers the totality of circumstances.The Governor’s main explanation for the seventh majority-black district was that there is now a sufficiently large and compact population of black residents to fill it. Strict scrutiny requires more. The Wisconsin Supreme Court’s analysis of the preconditions improperly relied on generalizations and “made virtually no effort” to parse data at the district level or respond to criticisms of expert analysis. The court improperly reduced the totality-of-circumstances analysis to a single factor–proportionality--and failed to address whether a race-neutral alternative that did not add another majority-black district would deny black voters equal political opportunity. View "Wisconsin Legislature v. Wisconsin Elections Commission" on Justia Law

Plaintiffs and the United States filed suit against the State of Texas, as well as state and local officials, seeking to enjoin enforcement of some or all of the new provisions in Senate Bill 1, which amended various provisions of the Texas Election Code pertaining to voter registration, voting by mail, poll watchers, and more.The Fifth Circuit reversed the district court's denial of the Committees' motion to intervene as defendants, concluding that the Committees have a right to intervene under Federal Rule of Civil Procedure 24(a)(2). The court determined that the Committees made a timely application to intervene by right; they claim interests relating to SB 1 which is the subject of this consolidated suit; their absence from the suit may practically impede their ability to protect their interests; and the existing parties might not adequately represent those interests. Accordingly, the court remanded to allow the Committees to intervene by right in this suit. View "La Union del Pueblo Entero v. Harris County Republican Party" on Justia Law

Relators asked the Oregon Supreme Court for extraordinary relief: an alternative writ of mandamus directing the Secretary of State to withdraw her orders that disqualified their initiative petitions from appearing on the November 2022 general election ballot, order expedited briefing in this mandamus matter, and issue an expedited decision and a peremptory writ, which would give them the time that they deem necessary to complete the remaining steps to ensure that their petitions are placed the ballot. The Court denied relief, finding "In a circumstance like this, in which petitioners propose a change in Oregon law but their petition is disqualified by the secretary, petitioners’ efforts may be delayed, but they are not foreclosed." View "Oregon ex rel Ofsink v. Fagan" on Justia Law

The Supreme Court held that the second revised General Assembly-district plan adopted by respondent Ohio Redistricting Commission violates Ohio Const. art. XI, sections 6(A) and 6(B) and ordered the Commission to be reconstituted.In the first time this issue was before the Supreme Court, the Court held that the Commission's original plan was invalid because the Commission had not attempted to meet the standards set forth in Article XI, Sections 6(A) and 6(B). The Commission subsequently adopted a revised plan, but the Supreme Court invalidated that plan because the Commission again had not satisfied sections 6(A) and 6(B). At issue now before the Supreme Court was the Commission's second revised plan. The Commission invalidated the plan in its entirety, holding that the second revised plan violates sections 6(A) and 6(B) and the a newly reconstituted Commission must adopt a new plan in conformity with the Ohio Constitution. View "League of Women Voters of Ohio v. Ohio Redistricting Commission" on Justia Law

The Fifth Circuit concluded that plaintiffs' action challenging the constitutionality of various provisions of the Texas Election Code regulating mail-in balloting is barred by sovereign immunity. The court concluded that the Secretary does not enforce the challenged provisions and thus the district court erred in finding the Secretary was a proper defendant under Ex parte Young, 209 U.S. 123 (1908). The court reversed the district court's judgment and remanded with instructions to dismiss plaintiffs' claims. View "Lewis v. Hughs" on Justia Law