Justia Election Law Opinion Summaries

The City of West Memphis passed an ordinance providing for a special election to vote for the annexation of 5700 acres to West Memphis. Meanwhile, property owners of 2340 acres within the same 5700 acres petitioned the county court for annexation to the City of Marion. The county court granted the petition for annexation to Marion, and Marion accepted the 2340 acres. Marion subsequently sought a writ of mandamus against West Memphis to remove the 2340 acres from the legal description of the special-election ballot. The circuit court denied the writ but issued a declaratory judgment finding that the 2340 acres belonged to Marion. West Marion held its scheduled election, and the 5700-acre legal description, including the 2340 acres that had been annexed to Marion, appeared on the ballot. The West Memphis voters approved the annexation measure. Litigation followed. Ultimately, the circuit court found (1) West Memphis was not required to amend the 5700-acre legal description, and (2) the Marion annexation frustrated only the 2340 acres annexed by Marion, and the remaining 3360 acres became part of West Memphis. The Supreme Court affirmed, holding that the circuit court reached the right result in finding the 3360 acres became a part of West Memphis. View "City of Marion v. City of West Memphis" on Justia Law

Plaintiff Mazdabrook Commons Homeowner's Association, Inc. manages a common-interest community in which individual owners agree to certain common rules and restrictions for the benefit of the entire group. The Rules and Regulations of the community bar signs except as provided in a "Declaration." Defendant Wasim Khan lived in a planned townhouse community managed by Mazdabrook Commons. In 2005, Defendant ran for Parsippany Town Council and posted two signs in support of his candidacy at his private residence: one inside the window of his townhouse and another inside the door. Mazdabrook notified Defendant that the signs violated the association's rules and ordered their removal. Mazdabrook's regulations banned all residential signs except "For Sale" signs. Upon review, the Supreme Court "balance[ed] the minimal interference with Mazdabrook's private property interest against [Defendant's] free speech right to post political signs on his own property" and found that the sign policy in question violated the free speech clause of the State Constitution. View "Mazdabrook Commons Homeowners' Ass'n v. Khan" on Justia Law

The Liberty Township board of trustees approved a zoning amendment that rezoned three parcels of township land. Subsequently, a group of petitioners filed a referendum petition seeking to submit the board's action approving the rezoning of the property to the electors of the township. Relators, the owner of the property at issue, the developer of the property, and the developer company's president, submitted a protest to the county board of elections against the referendum petition. The board certified the referendum petition and placed the rezoning issue on the general-election ballot and rejected Relators' protest grounds. Relators then filed this action for a writ of prohibition and a writ of mandamus to compel the board to sustain their protest. The Supreme Court granted the writ of prohibition, holding that the board of elections abused its discretion by denying Relators' protest, certifying the referendum petition, and submitting the zoning amendment to the electorate because the petitioners did not timely file their referendum petition pursuant to statute. View "State ex rel. Edwards Land Co., Ltd. v. Delaware County Bd. of Elections" on Justia Law