Justia Election Law Opinion Summaries

On Sept. 18, 2013, Initiative Petition No. 397, State Question 767 was filed with Secretary of State. The Initiative Petition proposes amendments to the State Constitution with an ultimate primary purpose of constructing storm shelters for schools. Proponents also filed with the Secretary of State a proposed ballot title for their proposed Initiative. The Oklahoma Attorney General disagreed with Proponents' ballot title and then prepared and filed with the Secretary of State a new ballot title for the Initiative. The Proponents disagreed with the Attorney General's version and appealed to the Supreme Court for review. The Supreme Court held that: (1) a proponent of an initiative petition must file or submit a copy of the initiative petition and a copy of the ballot title to the Attorney General when the proponent files the initiative petition and ballot title with the Secretary of State; (2) the Attorney General must file a response to a ballot title within five business days from the date the ballot title is filed; (3) the Attorney General's section 9(D) response to a ballot title is statutorily effective although the Attorney General's response was filed two days late; (4) a proponent of an initiative who challenges a ballot title prepared by the Attorney General has the burden to show that the Attorney General's ballot title is legally incorrect, or is not impartial, or fails to accurately reflect the effects of the proposed initiative; (5) the Attorney General's ballot title challenged in this proceeding was legally correct, impartial, and accurately reflected the effects of the proposed initiative; (6) when a ballot title appeal has been made, a proponent's ninety-day period of time to collect signatures commences when the ballot title appeal is final. View "In re: Initiative Petition No. 397, State Question No. 767" on Justia Law

The Anchorage Assembly passed an ordinance modifying the labor relations chapter of the Anchorage Municipal Code. Two citizen-sponsors filed an application for a referendum that would repeal the ordinance. The Municipality rejected the application, reasoning that the proposed referendum addressed administrative matters that were not proper subjects for direct citizen legislation. The sponsors filed suit in superior court and prevailed on summary judgment. The Municipality appealed, arguing that the referendum was barred because: (1) state and municipal law grants exclusive authority over labor relations to the Assembly; (2) the referendum made an appropriation; and (3) its subject was administrative, not legislative. Following oral argument, the Supreme Court issued an order on January 10, 2014, affirming the superior court's grant of summary judgment to the sponsors. This opinion explained the Court's reasoning. View "Municipality of Anchorage v. Holleman" on Justia Law

The issue before the Supreme Court in this case centered on whether county commissioners could place an ordinance-generated referendum question on the primary election ballot seeking to amend a home rule charter without first seeking election of a commissioned study when the question adopted by the ordinance attempted to abolish certain row offices. In 2013, the Lackawanna County Board of Commissioners sought to direct that a referendum question be placed on the May 21, 2013, municipal primary election ballot proposing to abolish the elected offices of Sheriff, Clerk of Judicial Records, Recorder of Deeds and Register of Wills, and to redefine the duties that had been assigned to those positions as legislative powers under its Charter. Appellant Joseph Pilchesky filed a pro se petition requesting that the trial court strike the ballot question or, in the alternative, that the Board of Elections separate the single ballot question into four queries, one for each of the offices to be abolished. In his petition, Pilchesky also asserted that Ordinance 224 directed a ballot question that proposed a change in the form of government rather than an amendment to the Charter and that such a change can be effected only by petition or ordinance seeking election of a government study commission under 53 Pa.C.S. 2911. The trial court denied the challenge seeking to bar Ordinance 224 from appearing on the primary ballot, and rejeted Pilchesky's argument that the changes to the existing form of government proffered by Ordinance 224 could be accomplished by the statutorily mandated government study commission. In an unpublished memorandum opinion, the Commonwealth Court unanimously affirmed. Upon review, the Supreme Court found that in light of the plain language of the Home Rule Law and the considerations Pilchesky raised, the amendment proposed by the Commissioners constituted a change in the form of government that could have been accomplished only by following the procedure outlined in Subchapter B of the Home Rule Law. The decision of the Commonwealth Court was Reversed.View "Pilchesky v. Lackawanna County" on Justia Law

Plaintiff, registered voters seeking to invalidate the Montana Districting and Apportionment Commission’s (Commission) assignment of two “holdover senators” in its final 2013 redistricting plan, filed a complaint against the State and Secretary of State (collectively, "State") seeking injunctive and declaratory relief. The district court granted the State’s motion for summary judgment and denied Plaintiff’s motion for summary judgment. The Supreme Court affirmed, holding that the district court did not err in concluding that (1) the Commission did not violate the public’s “right to know”; (2) the Commission is part of the legislative branch and is not an agency, and that it is therefore exempt from statutes promulgating the right of participation; and (3) Plaintiffs’ argument that the Commission violated Plaintiffs’ right of suffrage was without merit.View "Willems v. State" on Justia Law

Following an election recount in the Town of Center, Maurice Jones and Citizen Center filed suit seeking to set aside the results of the recount. Jones argued that voters' right to ballot secrecy had been violated. The district court set aside the results and ordered a new recall election. The three officials who had been elected in the recall petitioned the Supreme Court for review of the district court's decision. After careful consideration, the Supreme Court held that the district court erred as a matter of law in setting aside the recall results and ordering a new election. As such, the Court reversed the district court and enter judgment in favor of the newly elected officials. View "In re Jones v. Samora" on Justia Law

In 1985, the Arizona Legislature established the Elected Officials’ Retirement Plan (“Plan”), which provides pension benefits for elected officials, including judges. Ariz. Rev. Stat. 38-818 establishes a formula for calculating pension benefit increased for retired members of the Plan. In 2011, the Legislature enacted S.B. 1609, which modified the formula set forth in section 38-818. Two retired judges, on behalf of themselves and as representatives of a class of retired Plan members and beneficiaries, sued the Plan and its board members, alleging that S.B. 1609 violated Ariz. Const. art. 29, 1(C). The trial court ruled in favor of Plaintiffs, concluding that S.B. 1609 violated Article 29, 1(C)’s prohibition against the diminishment or impairment of public retirement system benefits. The Supreme Court affirmed, holding that because the statute diminished and impaired the Plan’s retired members’ benefits, it violated the Pension Clause of Article 29, 1(C).View "Fields v. Elected Officials’ Ret. Plan" on Justia Law

Petitioners McCann and Harmon sought review of the Attorney General's certified ballot title for Initiative Petition 33 (2014). Initiative Petition 33 (IP 33) would make substantive changes to Oregon tax law. After review, the Supreme Court concluded the ballot title for IP 33 gave voters less information than they need to understand adequately the change that the measure would make. The ballot title referred to Attorney General for modification. View "McCann v. Rosenblum" on Justia Law

Petitioners sought review of the Attorney General's certified ballot title for Initiative Petition 31 (2014). IP 31 ("Oregon Lottery Local Control Act") was a proposed constitutional amendment that would dedicate 50 percent of state lottery net proceeds to a "county revenue distribution fund." IP 31 would amend the Oregon Constitution to provide that "50% of the net proceeds from the State Lottery shall be deposited in a county revenue distribution fund to be created by the Legislative Assembly." Upon review, the Supreme Court found that IP 31's the caption did not reasonably identify the subject matter of the measure as required by Oregon law. Therefore the Court referred the caption to the Attorney General for modification. View "Milne v. Rosenblum" on Justia Law

Initiative Petition 30, if adopted, would have changed the minimum tax corporations paid: it would have eliminated the current cap on minimum taxes, and changed the cap on certain others. Petitioners sought review of the certified ballot title for IP 30 (2014). After the Supreme Court conducted its review, the Court referred the caption, “yes” and “no” result statements and the initiative summary back to the Attorney General for further modification. View "McCann / Harmon v. Rosenblum" on Justia Law

This case centered on the contested March 19, 2013 election in Center, Colorado. The district court set aside the results of the recall, ordered a new recall election, and allowed the recalled officials to continue until the new election was conducted. The recalled officials challenged the district court's decision, arguing that court erred in setting aside the recall and ordering a new election, and erred in determining that there were flaws in how the votes were counted. Upon review, the Supreme Court concluded the district court erred as a matter of law in setting aside the recall and ordering a new recall election. Accordingly, the Court returned the case back to the district court with directions that judgment be entered that the replacement officials were duly elected. View "In re Jones v. Samora" on Justia Law