Justia Election Law Opinion Summaries

In a January 22, 2018 order, the Pennsylvania Supreme Court announced that the Pennsylvania Congressional Redistricting Act of 2011, 25 P.S. sec. 3596.101 et seq. (the “2011 Plan”), “clearly, plainly and palpably” violated the Pennsylvania Constitution. This adjudication was based on the uncontradicted evidentiary record developed at the Commonwealth Court level, wherein Petitioners established that the 2011 Plan was a partisan gerrymander, “designed to dilute the votes of those who in prior elections voted for the party not in power in order to give the party in power a lasting electoral advantage.” As a result, the Supreme Court fashioned an appropriate remedial districting plan, based on the record developed with the Commonwealth Court, drawing heavily upon the submissions provided by the parties, intervenors and amici. The Remedial Plan will be implemented in preparation for the May 15, 2018 primary election. View "League of Women Voters of PA et al v Cmwlth et al" on Justia Law

Citizens United filed suit challenging the regulations promulgated by the Attorney General's office that required non-profit organizations to disclose their donors on a yearly basis. The Second Circuit affirmed the district court's dismissal of all claims, except the due process claim, for failure to state a claim. The court found that the mere requirement on a tax‐exempt organization to disclose its donor list to a state's authority charged with regulating non‐profits did not impermissibly chill speech or assembly rights. Furthermore, it did not operate as a prior restraint on non‐profits' solicitation of donations. Finally, the court reversed the dismissal of the due process claim for lack of ripeness and remanded so that the claim could be dismissed with prejudice for failure to state a valid claim. View "Citizens United v. Schneiderman" on Justia Law

Citizens United filed suit challenging the regulations promulgated by the Attorney General's office that required non-profit organizations to disclose their donors on a yearly basis. The Second Circuit affirmed the district court's dismissal of all claims, except the due process claim, for failure to state a claim. The court found that the mere requirement on a tax‐exempt organization to disclose its donor list to a state's authority charged with regulating non‐profits did not impermissibly chill speech or assembly rights. Furthermore, it did not operate as a prior restraint on non‐profits' solicitation of donations. Finally, the court reversed the dismissal of the due process claim for lack of ripeness and remanded so that the claim could be dismissed with prejudice for failure to state a valid claim. View "Citizens United v. Schneiderman" on Justia Law

The Supreme Court affirmed the decision of the Administration Hearing Commission (AHC) affirming the Missouri Ethics Commission’s (MEC) imposition of fees arising from the failure to Robin Wright-Jones and Wright-Jones for Senate (collectively, Appellants) to comply with the rules of Mo. Rev. Stat. chapter 130. The court also affirmed the judgment of the circuit court finding that Mo. Rev. Stat. 105.961.4(6) was not unconstitutional. On appeal, Appellants claimed that the monetary fees assessed by the MEC violated Mo. Const. art. I, section 31. Specifically, Appellants argued that, pursuant to section 105.961.4(6), the MEC may not assess fines for violations of state statutes, regulations, or rules. The Supreme Court disagreed, holding (1) there was no improper delegation of authority to the MEC; (2) the AHC’s decision was supported by the record; and (3) the assessed fees were not excessive. View "Wright-Jones v. Missouri Ethics Commission" on Justia Law

The Supreme Court affirmed the decision of the Administration Hearing Commission (AHC) affirming the Missouri Ethics Commission’s (MEC) imposition of fees arising from the failure to Robin Wright-Jones and Wright-Jones for Senate (collectively, Appellants) to comply with the rules of Mo. Rev. Stat. chapter 130. The court also affirmed the judgment of the circuit court finding that Mo. Rev. Stat. 105.961.4(6) was not unconstitutional. On appeal, Appellants claimed that the monetary fees assessed by the MEC violated Mo. Const. art. I, section 31. Specifically, Appellants argued that, pursuant to section 105.961.4(6), the MEC may not assess fines for violations of state statutes, regulations, or rules. The Supreme Court disagreed, holding (1) there was no improper delegation of authority to the MEC; (2) the AHC’s decision was supported by the record; and (3) the assessed fees were not excessive. View "Wright-Jones v. Missouri Ethics Commission" on Justia Law

Petitioners alleged the Pennsylvania Congressional Redistricting Act of 20112 (the “2011 Plan”) infringed "upon that most central of democratic rights – the right to vote." Specifically, they contended the 2011 Plan was an unconstitutional partisan gerrymander. After review of this matter, the Pennsylvania Supreme Court concluded that 2011 Plan violated Article I, Section 5 – the Free and Equal Elections Clause – of the Pennsylvania Constitution. View "League of Women Voters of PA v. Pennsylvania" on Justia Law

Initiative Petition No. 415, State Question No. 793, proposed to amend Article 20 of the Oklahoma Constitution by adding a new Section 3. The purpose of the amendment was to merge the rights and restrictions placed on optometrists and opticians, while eliminating restraints on the ability to practice their professions in retail mercantile establishments. A protest was filed contesting the validity of the initiative petition as unconstitutional logrolling in violation of the general subject requirement mandated in Okla. Const. art. 24, sec. 1. The sole issue presented for consideration, restated, was whether Initiative Petition No. 415, State Question No. 793, satisfied the single subject requirement of article 24, section 1, of the Oklahoma Constitution. The Oklahoma Supreme Court concluded that the proposed amendment embraced one general subject and therefore complied with article 24, section 1, of the Oklahoma Constitution. View "Oklahoma Assoc. of Optometric Physicians v. Raper" on Justia Law

Initiative Petition No. 415, State Question No. 793, proposed to amend Article 20 of the Oklahoma Constitution by adding a new Section 3. The purpose of the amendment was to merge the rights and restrictions placed on optometrists and opticians, while eliminating restraints on the ability to practice their professions in retail mercantile establishments. A protest was filed contesting the validity of the initiative petition as unconstitutional logrolling in violation of the general subject requirement mandated in Okla. Const. art. 24, sec. 1. The sole issue presented for consideration, restated, was whether Initiative Petition No. 415, State Question No. 793, satisfied the single subject requirement of article 24, section 1, of the Oklahoma Constitution. The Oklahoma Supreme Court concluded that the proposed amendment embraced one general subject and therefore complied with article 24, section 1, of the Oklahoma Constitution. View "Oklahoma Assoc. of Optometric Physicians v. Raper" on Justia Law

Plaintiff, a former Austin City Councilmember, filed suit challenging four provisions of Austin's campaign-finance law: a base limit on contributions to candidates; an aggregate limit on contributions from persons outside of the Austin area; a temporal restriction prohibiting all contributions before the six months leading up to an election; and a disgorgement provision requiring candidates to distribute excess campaign funds remaining at the end of an election. The Fifth Circuit affirmed the district court's decision upholding the base limit; holding that plaintiff lacked standing to challenge the aggregate limit because he had not established a sufficient injury-in-fact traceable to that limit; holding that Austin had failed to establish that the six-month temporal limit on fundraising served the interest of preventing actual corruption or its appearance; and holding that plaintiff had standing to challenge the disgorgement provision and the disgorgement provision was unconstitutional. View "Zimmerman v. Austin, Texas" on Justia Law

Plaintiff, a former Austin City Councilmember, filed suit challenging four provisions of Austin's campaign-finance law: a base limit on contributions to candidates; an aggregate limit on contributions from persons outside of the Austin area; a temporal restriction prohibiting all contributions before the six months leading up to an election; and a disgorgement provision requiring candidates to distribute excess campaign funds remaining at the end of an election. The Fifth Circuit affirmed the district court's decision upholding the base limit; holding that plaintiff lacked standing to challenge the aggregate limit because he had not established a sufficient injury-in-fact traceable to that limit; holding that Austin had failed to establish that the six-month temporal limit on fundraising served the interest of preventing actual corruption or its appearance; and holding that plaintiff had standing to challenge the disgorgement provision and the disgorgement provision was unconstitutional. View "Zimmerman v. Austin, Texas" on Justia Law