Justia Election Law Opinion Summaries

Plaintiffs filed the underlying action seeking injunctive and declaratory relief pursuant to 42 U.S.C. 1983, alleging that the witness residency requirement on nominating petitions impermissibly burdened their rights to free speech and free association under the First Amendment. The parties filed cross-motions for summary judgment, with the Board's motion premised entirely on its assertion that plaintiffs have not suffered a legally cognizable injury and thus lacked standing. The district court denied the Board's motion as to standing and granted plaintiffs' motion on the merits. The district court declared the witness residency requirement unconstitutional and permanently enjoined its enforcement. Although the Board's witness residency requirement served the Commonwealth's interest in policing fraud potentially permeating the electoral process and therefore meeting the first part of the strict scrutiny standard, the Board produced no concrete evidence of persuasive force explaining why plaintiffs' proposed solution, manifestly less restrictive of their First Amendment rights, would be unworkable or impractical. Accordingly, the court affirmed in all respects the judgment of the district court. View "Libertarian Party of Virginia v. Judd" on Justia Law

Under Illinois law, a candidate for the state legislature seeking placement on the general election ballot without having participated in a primary (or having replaced a candidate who did) must submit a nominating petition signed by a certain number of eligible voters. In July 2012, the Chicago Board of Election Commissioners determined that five Republican candidates for the state legislature had not collected the requisite numbers of signatures and denied their petitions to be listed on the ballot in the 2012 general election. In September the candidates and supporters sought injunctive and declaratory relief, alleging that the statutory scheme violated their constitutional rights to free speech and association under the First and Fourteenth Amendments. The district court dismissed, holding that the doctrine of laches barred their claims. The Seventh Circuit affirmed, after holding that laches does not apply because the delay in filing suit did not impact the Board’’ ability to fashion prospective relief in future elections. The requirement that candidates seeking ballot access submit nominating petitions is reasonable and nondiscriminatory, and serves the important regulatory interests of protecting the integrity of elections from frivolous candidates and preventing voter confusion; it does not unconstitutionally burden the candidates’ and voters’ expressive and associational rights. View "Navarro v. Neal" on Justia Law

Petitioner served two terms as a Public Service Commissioner (PSC). While serving his first term at the PSC, Respondent, campaign manager for Petitioner's opponent in the upcoming election, filed four complaints against Petitioner with the Commissioner of Political Practices (Commissioner), alleging that Petitioner had violated the statutory Code of Ethics by accepting gifts of substantial value from two corporations with which the PSC regularly dealt and by using state resources to aid his reelection campaign and for personal business. Following a three-day hearing on Respondent's complaints, a hearing examiner determined that Petitioner violated Mont. Code Ann. 2-2-104 two times by receiving "gifts of substantial value" and violated Mont. Code Ann. 2-2-121 five times by using state facilities and equipment for election purposes. The Commissioner affirmed, ordering Petitioner to pay $5,750 in fines and $14,945 for the costs of the hearing. The district court affirmed. The Supreme Court affirmed, holding that the district court did not err by concluding (1) Respondent had legal standing to file ethics complaints against Petitioner; (2) Petitioner received unlawful gifts; (3) Petitioner improperly used State facilities for political purposes; and (4) the penalty statute for ethics violations was not unconstitutionally vague. View "Molnar v. Fox" on Justia Law

NOM, a nonprofit advocacy organization, appealed the district court's dismissal of its amended complaint for lack of subject-matter-jurisdiction. NOM was seeking declaratory and injunctive relief, arguing that New York Election Law 14-100.1, which defined the term "political committee" for the purposes of state elections, violated the First Amendment. The court determined that NOM's case presented a live controversy that was ripe for consideration and vacated the district court's determination that it lacked jurisdiction. Because that conclusion prevented the district court from reaching the merits of NOM's claims, the court declined to comment on the substance of NOM's claims in the first instance. Therefore, the court remanded for further proceedings. View "National Organization for Marriage, Inc. v. Walsh" on Justia Law

Independent candidate Gary Trudell and voter Myron Dorfman challenged the constitutionality of Vermont’s schedule for filing candidate petitions, alleging that the uniform deadline for all party (major and minor) and independent candidates was discriminatory and impermissibly impinged upon the associational and voting rights of candidates and voters under the First Amendment to the United States Constitution. Because the Supreme Court concluded that the filing deadline was a reasonable, nondiscriminatory regulation, justified by Vermont’s regulatory interests, the Court affirmed the lower court decision declaring the deadline constitutional. View "Trudell v. Vermont " on Justia Law

he issue before the Supreme Court in this case concerned a recall petition against Mayor Terecia Bolt and Councilman Dennis Jenson of the town of Marcus. The petition included ten charges against the mayor, and six against the councilman. THe superior court concluded that only one charge against the mayor and one against the councilman was legally sufficient to support a recall election. Upon review, the Supreme Court concluded that none of the charges were factually or legally sufficient, and accordingly reversed the superior court's decision on the one remaining charge. View "In re Recall of Bolt" on Justia Law

Respondent filed a declaration of candidacy to run for the position of Director of Community Fire Protection District (Community Fire). Community Fire accepted Respondent's declaration of candidacy, but Respondent was subsequently disqualified because his financial interest statement had not been timely filed. Fire Chief Charles Coyne filed a petition requesting the circuit court enter an order directing Respondent to show cause why his name should not be stricken from the ballot. The trial court ruled that Respondent was disqualified from running for the position and ordered that his name be removed from the ballot. The Supreme Court affirmed, holding that the trial court did not err in its judgment, as (1) Chief Coyne had capacity to bring this action on behalf of Community Fire, which had standing to bring the action; (2) Respondent received adequate notice of his obligation to file a financial interest statement; and (3) the statutory financial interest statement notice requirements are constitutionally valid. View "Coyne v. Edwards" on Justia Law

Plaintiffs brought a pre-enforcement action under 42 U.S.C. 1983 against defendant, the California Secretary of State. At issue were the California Elections Code sections 8066 and 8451, which mandated that circulators shall be voters in the district or political subdivision in which the candidate was to be voted on and shall serve only in that district or political subdivision. Plaintiffs alleged that the residency requirement violated the First and Fourteenth Amendments and sought to enjoin its enforcement. The court reversed and remanded the district court's dismissal of the complaint on the ground that plaintiffs lacked standing, holding that plaintiffs have alleged a sufficient injury-in-fact to meet constitutional standing requirements. In light of plaintiffs' concrete plan and defendant's specific threat of enforcement, the court concluded that plaintiffs have met the constitutional "case or controversy" requirement. View "Libertarian Party Los Angeles, et al v. Bowen" on Justia Law

Plaintiffs, groups interested in electoral and government reform, sued Minnesota, challenging the constitutionality of Minnesota's Election Day Policy and Minn. Stat. 211B.11, subd. 1, which banned the wearing of any political insignia to a polling place. On appeal, plaintiffs challenged the dismissal of their First Amendment and Equal Protection claims. The court held that plaintiffs have failed to state a facial claim under the First Amendment under Minn. Stat. 211B1.11, subd. 1. The court reversed and remanded the as-applied First Amendment claim to the district court so that it could properly analyze the motion as a request for summary judgment through application of the standards articulated in Rule 56 and to give the parties sufficient opportunity to create an acceptable record. The court held that plaintiffs have failed to allege that Minnesota caused selective enforcement of the facially neutral statute and Policy and has therefore failed to state an equal protection claim. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Minnesota Majority, et al v. Mansky, et al" on Justia Law

Plaintiff-Appellant Roland Riemers appealed a district court order that denied his petition for a writ to require the Secretary of State to remove the Republican and Democratic candidates for governor and lieutenant governor from the November 2012 general election ballot, or alternatively to place him on that ballot as the Libertarian party candidate. According to Riemers, both he and his running mate for lieutenant governor filed separate certificates of endorsement and statements of interests with the Secretary to place their names on the June 2012 primary ballot, but Richard Ames did not submit a signature page with his statement of interests. Accordingly, the Secretary placed Riemers' name on the primary ballot, but not that of his running mate Ames. Riemers received enough votes in the primary to qualify for placement on the general election ballot. The Secretary asked the Attorney General whether under North Dakota law, Riemers could be nominated for governor without an accompanying candidate for lieutenant governor. The Attorney General issued a written opinion ruling that Riemers was not nominated because the requirements for a joint ballot for governor and lieutenant governor were not satisfied. Riemers thereafter submitted sufficient signatures to the Secretary of State for certification on the November general election ballot as an independent candidate for governor, with Anthony Johns as his accompanying candidate for lieutenant governor. In September 2012, after filing matter in the district court and being informed a previous attempt to serve the petition on the Secretary of State by certified mail was insufficient under N.D.R.Civ.P. 4(d)(2), Riemers personally served an Assistant Attorney General with the petition for a writ of mandamus, a writ of prohibition, a writ of quo warranto, and for preventive or declaratory relief. Riemers named the Secretary of State as the respondent and asked the district court to require the Secretary of State to remove the Republican and Democratic candidates for governor and lieutenant governor from the November general election ballot for failure to file a joint certificate of endorsement for the primary election. Riemers alternatively sought an order requiring the Secretary of State to place his name on the general election ballot as the Libertarian candidate for governor with Anthony Johns as the Libertarian candidate for lieutenant governor. Riemers also sought an order directing the Secretary of State to stop discriminating against minor party and independent candidates. Upon review, the Supreme Court concluded that Riemers failed to demonstrate a clear legal right to be certified for the general election ballot as the Libertarian candidate for governor and the district court did not abuse its discretion in denying his petition for a writ to require the Secretary of State to certify his name for that ballot as the Libertarian candidate for governor. View "Riemers v. Jaeger" on Justia Law