Justia Election Law Opinion Summaries

In the state of California, a group known as the Real Parties circulated an initiative petition to repeal a special tax within Service Zone Five of the San Bernardino County Fire Protection District. The District attempted to prevent this initiative from appearing on the June 2022 ballot by filing a writ petition and complaint for injunctive and declaratory relief, asserting that the initiative contained false and misleading information in violation of Elections Code section 18600. The trial court found the initiative to be invalid due to these false and misleading statements, but it was too late to prevent it from appearing on the ballot. The electorate voted on the initiative, and it passed.The Real Parties appealed the trial court's order, arguing that the trial court erred in finding that the initiative contained false and misleading statements and that intent was not required to prove a violation of section 18600. The District cross-appealed, arguing that the initiative was invalid due to additional grounds.The Court of Appeal of the State of California, Fourth Appellate District, Division Two affirmed the trial court's order, concluding that the initiative was invalid because it contained false and misleading information. The court also agreed with the trial court that it was not necessary for the District to establish intent under section 18600. The court dismissed the District's cross-appeal as moot because it raised additional grounds for disqualifying the initiative, which were unnecessary to address given the court's conclusion that the initiative was already invalid. View "San Bernardino County Fire Protection Dist. v. Page" on Justia Law

In this case, the Supreme Court of Missouri affirmed a lower court's decision that a redistricting plan for the Missouri Senate, which was prepared by a judicial redistricting commission, met constitutional requirements. The appellants, residents of districts impacted by the redistricting, argued that the plan violated the community preservation requirement of the Missouri Constitution by splitting certain communities into different senatorial districts. The court found the appellants did not meet their burden of proving the plan was clearly and undoubtedly unconstitutional. The court noted that the constitution allows for some flexibility in the redistricting process and that the plan need not achieve absolute perfection. The court concluded that the redistricting plan did not violate the constitutional requirements and was not the result of partisan or racial gerrymandering. View "Faatz v. Ashcroft" on Justia Law

In Minnesota, a group of voters sought to prevent former President Donald Trump from appearing on the 2024 presidential primary and general election ballots, arguing that Section 3 of the Fourteenth Amendment of the U.S. Constitution, which disqualifies anyone from holding office who has engaged in insurrection or rebellion against the U.S., rendered him ineligible. The Minnesota Supreme Court held that it would not be an error to place Trump's name on the 2024 Republican Party presidential nomination primary ballot. The court reasoned that the nomination primary is an internal party election, and the state law does not prohibit a major political party from placing an ineligible candidate on the primary ballot. However, the court did not decide on the issue of Trump's name on the general election ballot, stating that the matter was not yet ripe for adjudication as it was not "about to occur" under the relevant state law. The court did not foreclose the possibility of petitioners bringing such a claim at a later date. View "Growe v. Simon" on Justia Law

The case involves a dispute about the interpretation of the National Voter Registration Act ("NVRA"), specifically Section 8(i)(1). The plaintiff, Public Interest Legal Foundation, Inc. ("PILF"), requested a copy of the Maine Party/Campaign Use Voter File ("Voter File") from the Secretary of State for the State of Maine, Shenna Bellows. The Secretary denied the request under Exception J of Maine's Privacy Law, which restricts the use and publication of the Voter File.The United States Court of Appeals for the First Circuit held that Section 8(i)(1) of the NVRA applies to the Voter File and that Maine's restrictions on the use and publication of the Voter File are preempted by the NVRA. The court reasoned that both federal and state law require Maine election officials to create and update voter registration records, and these activities fall within Section 8(i)(1). The Voter File, as an electronic report generated from the Central Voter Registration system, reflects the additions and changes made by Maine election officials in carrying out voter list registration and maintenance activities. Therefore, it is a record concerning the implementation of those activities, and its use is subject to disclosure under Section 8(i)(1). The Use Ban and Publication Ban under Exception J, as applied to PILF, were found to be preempted by the NVRA, and the fines for violating these restrictions were also preempted. View "Public Interest Legal Foundation, Inc. v. Bellows" on Justia Law

In this case before the Supreme Court of Ohio, Dennis Schreiner petitioned for a writ of prohibition against the Erie County Board of Elections and its members. Schreiner sought to remove Steven Kraus, a candidate for the Ohio House of Representatives, from the March 2024 primary election ballot. Schreiner's argument was based on Kraus' previous conviction of a disqualifying offense and his subsequent claim that the office of state representative involves substantial management or control over the property of a state agency, political subdivision, or private entity, as defined by R.C. 2961.02(B).However, the court found that a state representative does not have direct management or control over the property of any state agency, political subdivision, or private entity. Schreiner failed to provide clear and convincing evidence that the office of state representative involves substantial management or control over such property. The court, therefore, ruled that the board of elections did not abuse its discretion or act in clear disregard of applicable law in keeping Kraus on the primary-election ballot. Consequently, the court denied Schreiner's petition for a writ of prohibition. View "State ex rel. Schreiner v. Erie Cty. Bd. of Elections" on Justia Law

In the dispute over two slates of candidates each purporting to be the endorsed slate of the Independent Party of Danbury for various municipal offices in the city of Danbury, the Connecticut Supreme Court held that a town clerk has a ministerial obligation to accept and file with the Secretary of State's office lists of minor party candidates that are facially valid under the terms of the state statute. The court found that the town clerk exceeded her authority by failing to file a slate of candidates approved at an Independent Party meeting, and the court should have ordered the clerk to forward that slate to the Secretary of State's office. However, the court also held that the town clerk properly filed a slate of candidates approved at a different Independent Party meeting because the submission of that slate complied with the certification requirement of the state statute. The court concluded that, given the ministerial role of the town clerk, she had no choice but to accept and transmit to the secretary both filings purporting to be the endorsements of the Independent Party, since both were facially compliant with the governing statutes. The court affirmed the trial court's judgment that neither set of endorsements should be placed on the ballot. View "Alves v. Giegler" on Justia Law

In a case concerning allegations that New Republican PAC and Senator Rick Scott violated several election laws, the United States Court of Appeals for the District of Columbia Circuit affirmed the dismissal of two administrative complaints made by End Citizens United PAC. The first complaint alleged that Scott became a "candidate" the same month he became chairman of New Republican, failed to register his campaign until nearly a year later, and failed to make the necessary filings and reports to the Federal Election Commission. The Commission dismissed this complaint based on prosecutorial discretion. The second complaint alleged unlawful coordination between Scott and New Republican, asserting that New Republican had improperly contributed to Scott's campaign by coordinating with Scott to purchase commercials. The Commission dismissed this complaint for lack of evidence supporting the coordination claim. The Court of Appeals held that the dismissal of the first complaint was unreviewable due to it being based on prosecutorial discretion, and that the dismissal of the second complaint was not contrary to law. View "End Citizens United PAC v. FEC" on Justia Law

The United States Court of Appeals for the District of Columbia Circuit reviewed the Federal Election Commission's (FEC) dismissal of an administrative complaint by the Campaign Legal Center (CLC). The CLC alleged campaign finance violations by two presidential campaign committees, claiming that they concealed over $750 million in expenditures by routing them through sham payments to two LLCs. The FEC dismissed the complaint, invoking prosecutorial discretion. The CLC argued that the FEC's invocation of discretion was dependent on legal analysis and was thus subject to judicial review under the Federal Election Campaign Act. The district court concluded that the FEC's reliance on considerations of prosecutorial discretion was separate from its legal analysis and precluded judicial review.On appeal, the Court of Appeals affirmed the district court's decision. The court held that the FEC's reasons for dismissal, which included resource allocation concerns, potential litigation risks, and a shifting regulatory landscape, were distinct considerations of prosecutorial discretion that did not solely rest on legal interpretation, and therefore were not reviewable by the court. The court rejected the CLC's argument that the FEC's invocation of discretion was intertwined with its legal analysis, stating that the agency's estimation of the resource demands of the proposed investigation and its potential size and scope bore no discernable relationship to any legal inquiry. View "Campaign Legal Center v. FEC" on Justia Law

A group of voters and officials in Wisconsin brought a case before the Supreme Court of Wisconsin, arguing that the state's current legislative districts were not contiguous and therefore violated the state constitution. The respondents countered that the districts were contiguous, as they included separate, detached territories known as "municipal islands." The court ruled in favor of the petitioners, holding that the current legislative districts did not meet the contiguity requirements of the state constitution. The court explained that "contiguous territory" means territory that is physically touching, and the current districts, which include separate, detached parts, do not meet this requirement. The court also rejected the respondents' defenses of lack of standing, laches, issue preclusion, claim preclusion, and judicial estoppel. As a remedy, the court enjoined the Wisconsin Elections Commission from using the current legislative maps in future elections and urged the legislature to pass legislation creating new maps that satisfy all legal requirements. The court also set forth a process for adopting new state legislative districts if the legislature fails to enact new maps. View "Clarke v. Wisconsin Elections Commission" on Justia Law

In a case brought by a group of Colorado electors, the Supreme Court of the State of Colorado considered whether former President Donald J. Trump could appear on the Colorado Republican presidential primary ballot. The electors claimed that Trump was disqualified under Section Three of the Fourteenth Amendment, which prohibits anyone who has engaged in insurrection against the U.S. Constitution from holding office. The district court found that Trump had engaged in insurrection on January 6, 2021, but concluded that the Fourteenth Amendment did not apply to the presidency.Upon review, the Supreme Court of the State of Colorado held that the Election Code allows the electors to challenge Trump's status as a qualified candidate based on Section Three. The court found that Congress does not need to pass legislation for Section Three's disqualification provision to apply, and that the provision encompasses the office of the Presidency. The court further held that the district court did not err in finding that Trump had engaged in insurrection, and that his speech inciting the crowd was not protected by the First Amendment. As a result, the court concluded that Trump is disqualified from holding the office of President under Section Three, and it would be a wrongful act under the Election Code for the Secretary of State to list him as a candidate on the presidential primary ballot. The court stayed its ruling until January 4, 2024, to maintain the status quo pending any review by the U.S. Supreme Court. View "Anderson v. Griswold" on Justia Law