Justia Election Law Opinion Summaries

An Alaska citizen filed an application to recall a member of the Anchorage Assembly, alleging that the assembly member had committed misconduct in office by participating in an indoor gathering of more than 15 people in violation of an executive order. The municipal clerk rejected the application after concluding that the alleged conduct did not constitute misconduct in office. The superior court reversed the clerk’s denial of the application. After review, the Alaska Supreme Court found no reversible error and affirmed the superior court’s decision. View "Jones v. Biggs" on Justia Law

Florida Senate Bill 90 ("SB 90") imposed certain restrictions on citing. Plaintiffs challenged several provisions of SB 90, claiming the provisions violated the prohibition against race discrimination under the Fourteenth and Fifteenth Amendments and Section 2 of the Voting Rights Act. Plaintiffs also alleged the provisions were vague or overbroad in violation of the First and Fourteenth Amendments and that the provisions compelled speech in violation of the First Amendment. The district court found that SB 90 restricted the right to vote and permanently enjoined certain provisions of SB 90. The court also imposed a preclearance requirement under which Florida needed to obtain the district court's approval before enacting or amending certain election laws. Florida sought a stay of the district court's order pending its appeal.The Eleventh Circuit granted Florida's request to stay the district court's order pending appeal. The court noted that changing election laws as an election nears can cause voter confusion. Thus, Federal district courts ordinarily should not enjoin state election laws in the period close to an election. Here, a statewide election was less than four months away. Thus, Florida has a compelling interest in preserving the integrity of its election process.Applying the reasoning from Purcell v. Gonzalez, 549 U.S. 1 (2006), the court found that the state has a reduced burden to obtain a stay and only needs to show that Plaintiff's position is not "entirely clearcut." Thus, the court granted Florida's request for a stay pending appeal. View "Harriet Tubman Freedom Fighters Corp, et al v. Florida Secretary of State, et al" on Justia Law

Two sets of electors who were dissatisfied with the Attorney General’s ballot title for Initiative Petition 34 (2022) (IP 34) petitioned the Oregon Supreme Court for review. IP 34 was directed at changing Oregon’s process for reapportioning legislative and congressional districts after each decennial census. Both petitions argued the ballot title did not substantially comply with the requirements of ORS 250.035. The Oregon Supreme Court agreed with some of the arguments raised in the petitions and, therefore, referred the ballot title to the Attorney General for modification. View "Mason/Turrill v. Rosenblum" on Justia Law

C Davis sought to recall Washington Governor Jay Inslee. Davis filed five recall charges alleging that Governor Inslee violated the separation of powers, infringed on a number of constitutional rights, and improperly exercised emergency powers when issuing proclamations in response to the COVID -19 pandemic. In order to be placed on the ballot, a recall charge must be legally and factually sufficient to demonstrate an elected official’s malfeasance, misfeasance, or violation of the oath of office. The Washington Supreme Court held that the charges put forth by Davis were not legally or factually sufficient. View "In re Recall of Inslee" on Justia Law

The Supreme Court dismissed Appellants' claims in this case raising questions regarding a challenge to a constitutional ballot initiative, holding that Appellants lacked standing to bring their claims.In 2018, Kentucky voters ratified the constitutional amendment known as Marsy's Law, but the Supreme Court invalidated the amendment on procedural grounds. In 2020, after the General Assembly again proposed the Marsy's Law constitutional amendment, Appellants brought a complaint seeing declaratory and injunctive relief either prohibiting Marsy's Law from appearing on the ballot or preventing tabulation of votes on ratification of the amendment. The trial court ruled against Plaintiffs on their procedural claims but concluded that Appellants' facial challenges to Marsy's Law were not ripe. After the parties appealed, Kentucky voters ratified that Marsy's Law constitutional amendment. The Supreme Court dismissed this appeal, holding that Appellants lacked constitutional standing to bring their claims because they failed to allege a concrete and particularized injury in fact on the record. View "Ward v. Westerfield" on Justia Law

This action stemmed from the San Bernardino County registrar of voters (ROV) initially miscalculating the number of signatures needed in support of plaintiffs and real parties in interest’s (RPI) initiative petition to repeal a special tax associated with a fire protection zone. The ROV told RPI the incorrect number, resulting in RPI incurring unnecessary costs in obtaining far more signatures than were required. Defendants and Petitioners County of San Bernadino and its ROV, Bob Page, (collectively, the County) petitioned for a writ of mandate to direct the respondent trial court to vacate its order overruling the County’s demurrer and to enter an order sustaining the without leave to amend. The County contended that, when RPI requested the County to inform it of the number of signatures required for its initiative petition, the County did not owe RPI any statutory or constitutional duty to provide the information when requested. The County further argues it was immune from liability for communicating to RPI the incorrect number under Government Code sections 818.8 and 822.2. The Court of Appeal agreed that under Government Code sections 815 and 815.6, the County was not subject to liability because there was no breach of any statutory or constitutional duty. "[E]ven if the County owed RPI such a duty, the County was immune from liability under Government Code sections 818.8 and 822.2." The Court therefore concluded the trial court erred in overruling the County’s demurrer. View "County of San Bernardino v. Super. Ct." on Justia Law

The Court of Appeals declared void the legislature's congressional and state senate maps, holding that judicial oversight is required to facilitate the expeditious creation of constitutionally-conforming maps for use in the 2022 election and to safeguard New Yorkers' constitutionally-protected right to a fair election.In 2022, the first redistricting cycle to follow the adoption of 2014 amendments, a stalemate within the Independent Redistricting Commission resulted in a breakdown in the process for submission of electoral maps to the legislature. The legislature responded by creating and enacting maps that failed to follow the 2014 constitutional reforms. Petitioners brought this action alleging that the process by which the 2022 maps were enacted was constitutionally defective. Supreme Court agreed and declared the maps void under the State Constitution. The Court of Appeals agreed, holding (1) the legislature's failure to follow the prescribed constitutional procedure required invalidation of the congressional and state senate maps; and (2) there was record support for the determination that the district lines for congressional races were drawn with an unconstitutional partisan intent. View "Harkenrider v. Hochul" on Justia Law

The November 2020 election included three seats on the five-member East Palo Alto City Council. Seven candidates ran. Lopez came in third, with Lincoln fourth. Lincoln filed a 14-page statement of contest, alleging Lopez violated Elections Code section 18370, by “ electioneering within 100 feet of a polling place”; and section 18522, “by offering valuable consideration to voters voting” by giving away free tacos (allowing a taco truck to block a handicap parking space). City clerk Solorzano filed an answer. Eleven witnesses testified, including Lincoln and Lopez; two San Mateo County Officials; several current and former City Council members; a person present at the polling site to conduct COVID-19 testing; a Lincoln supporter; and the owner of the taco truck.The court’s 23-page statement of decision concluded that Lincoln did not prove by clear and convincing evidence or a preponderance of the evidence that Lopez committed an offense against the elective franchise. The court of appeal affirmed. “Lincoln’s argument is based on a version of the record that is contrary to all principles of appellate review—not to mention that it fails to address the significance of the trial court’s conclusions as to his two primary claims.” The court awarded Lopez costs on appeal. View "Lincoln v. Lopez" on Justia Law

Petitioner challenged the legal sufficiency of Oklahoma State Question No. 818, Initiative Petition No. 432. State Question 818, Petition No. 432 sought to create a new article to the Oklahoma Constitution, Article 31, which would: (1) replace the Oklahoma Medical Marijuana Authority with a new state agency--the "Oklahoma State Cannabis Commission" and define its duties; and (2) expand the statutory framework regarding regulation and taxation of medical marijuana. Petitioner Paul Tay, alleged State Question No. 818, Petition No. 432 was unconstitutional because: (1) it was preempted by federal law; (2) signatures gathered on and elections held on tribal land would be invalid; and (3) its gist was insufficient. After review, the Oklahoma Supreme Court held Petitioner failed to establish clear or manifest facial unconstitutionality. State Question No. 818, Initiative Petition No. 432 was therefore legally sufficient for submission to Oklahomans for voting. View "Tay v. Green" on Justia Law

Petitioner challenged the legal sufficiency of Oklahoma State Question No. 818, Initiative Petition No. 432. State Question 818, Petition No. 432 sought to create a new article to the Oklahoma Constitution, Article 31, which would: (1) replace the Oklahoma Medical Marijuana Authority with a new state agency--the "Oklahoma State Cannabis Commission" and define its duties; and (2) expand the statutory framework regarding regulation and taxation of medical marijuana. Petitioner Paul Tay, alleged State Question No. 818, Petition No. 432 was unconstitutional because: (1) it was preempted by federal law; (2) signatures gathered on and elections held on tribal land would be invalid; and (3) its gist was insufficient. After review, the Oklahoma Supreme Court held Petitioner failed to establish clear or manifest facial unconstitutionality. State Question No. 818, Initiative Petition No. 432 was therefore legally sufficient for submission to Oklahomans for voting. View "Tay v. Green" on Justia Law