Justia Election Law Opinion Summaries

Three nonprofit organizations challenged two Arizona election law amendments: one allowing the cancellation of a voter’s registration if they move to another county (the “Cancellation Provision”) and another making it a felony to provide a voting mechanism to someone registered in another state (the “Felony Provision”). The plaintiffs argued these laws would jeopardize voting rights in Arizona.The United States District Court for the District of Arizona preliminarily enjoined the enforcement of both provisions, agreeing with the plaintiffs that the laws could harm voters and were likely unconstitutional. The defendants, including the Arizona Attorney General and the Yuma County Republican Committee, appealed the decision.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the plaintiffs lacked Article III standing to challenge the Cancellation Provision because they only alleged a frustrated mission and diverted resources, failing to show direct harm to their core activities. The court emphasized that organizational standing requires more than just a diversion of resources; it requires a direct impact on the organization’s core activities.Regarding the Felony Provision, the court found that the plaintiffs had standing because they faced a realistic possibility of prosecution, which could chill their voter outreach activities. However, the court concluded that the plaintiffs were unlikely to succeed on the merits of their vagueness challenge. The court interpreted the phrase “mechanism for voting” narrowly, determining it referred only to unlawful acts of voting, not voter outreach or registration.The Ninth Circuit vacated the district court’s preliminary injunction and remanded the case for further proceedings consistent with its opinion. View "ARIZONA ALLIANCE FOR RETIRED AMERICANS V. MAYES" on Justia Law

The Montana Democratic Party (MDP) sought a writ of supervisory control over the First Judicial District Court, Lewis and Clark County, after the court dissolved a temporary restraining order and denied MDP’s request for a temporary restraining order and preliminary injunction. MDP aimed to prevent Robert Barb from appearing on the general election ballot as the Montana Green Party’s 2024 U.S. Senate candidate, arguing that the District Court erred in its decision.The First Judicial District Court, presided over by Judge Michael McMahon, had previously denied MDP’s motion for a temporary restraining order and preliminary injunction. The court found that MDP had not followed the statutory process for contesting nominations as outlined in § 13-36-102, MCA. The court concluded that MDP was unlikely to succeed on the merits and thus was not entitled to a preliminary injunction. MDP appealed this decision and simultaneously filed a petition for a writ of supervisory control with the Montana Supreme Court.The Montana Supreme Court reviewed the case and determined that supervisory control was warranted due to the urgency of the upcoming election. However, the court ultimately concluded that the District Court did not err in its ruling, albeit for different reasons. The Supreme Court found that the terms "nomination" and "appointment" are distinct within the context of Montana election law. The court agreed with MDP that the procedure for contesting nominations did not apply to the appointment of a replacement candidate under § 13-10-327, MCA. However, the court also found that MDP failed to demonstrate that the Green Party violated its bylaws in appointing Barb, and thus, MDP was unlikely to succeed on the merits.The Montana Supreme Court denied MDP’s petition for a writ of supervisory control, affirming the lower court’s decision to allow Barb to appear on the ballot. View "Montana Democratic Party v. First Judicial District Court" on Justia Law

The Catoosa County Republican Party (CCRP) and its executive officers attempted to prevent certain candidates from qualifying for the May 2024 Republican primary for county commission seats, citing a statute that mandates candidates follow their party's procedural rules. The CCRP's local rules required candidates to be pre-approved by the County Committee and present a notarized affidavit at the time of qualifying. On March 4, 2024, four candidates filed petitions against the CCRP Defendants, alleging they were denied the right to qualify despite meeting statutory requirements. They sought temporary restraining orders and injunctions to prevent the CCRP from blocking their qualifications.The trial court issued temporary restraining orders on March 5, 2024, and later denied the CCRP Defendants' motions to lift the orders and dismiss the petitions. The court ruled that the CCRP's rules were not enforceable and ordered that the candidates be allowed to qualify. The CCRP Defendants filed an appeal to the Court of Appeals, which transferred the case to the Supreme Court of Georgia, recognizing it had jurisdiction over election contests.The Supreme Court of Georgia dismissed the appeal, emphasizing that parties seeking to challenge election results must act with urgency and exhaust all avenues to resolve disputes before the election. The CCRP Defendants failed to expedite their appeal and even requested delays. The court reiterated its long-standing precedent that it will not review challenges to candidate qualifications once the election has occurred, especially when the challenging party has not acted promptly. The court's decision underscores the importance of finality in election results and the need for challengers to litigate their claims with dispatch. View "CATOOSA COUNTY REPUBLICAN PARTY v. HENRY" on Justia Law

Jamie Walsh and Mike Cabell competed in the April 23, 2024, primary election for the Republican nomination to represent the 117th District in Pennsylvania’s House of Representatives. Several provisional ballots were returned, and Walsh led Cabell by three votes before counting them. The Luzerne County Board of Elections held hearings to review the provisional ballots. Cabell challenged a ballot submitted by Timothy Wagner because the envelope was unsigned, and Walsh challenged a ballot submitted by Shane O’Donnell, who was registered to vote in a different county. The Board decided to count Wagner’s ballot but not O’Donnell’s.Cabell appealed to the Luzerne County Court of Common Pleas, which held a hearing where Wagner and O’Donnell testified. Wagner could not remember if he signed the envelope, but the court affirmed the Board’s decision to count his ballot due to no evidence of fraud and clear intent to vote. O’Donnell testified he moved to a new home less than 30 days before the election, and the court affirmed the Board’s decision not to count his vote, as he could have voted in his new district.The Commonwealth Court reversed both rulings. It held that Wagner’s unsigned ballot should not be counted based on the Election Code’s clear language. It also held that O’Donnell’s ballot should be counted because he moved within 30 days before the election, allowing him to vote in his old district.The Supreme Court of Pennsylvania affirmed the Commonwealth Court’s decision. It held that Wagner’s unsigned ballot should not be counted due to the clear statutory requirement for a signature. It also held that O’Donnell’s ballot should be counted because he moved within 30 days before the election, allowing him to vote in his previous district. View "IN RE: CANVASS OF PROVISIONAL BALLOTS IN THE 2024 PRIMARY ELECTION" on Justia Law

Two relators challenged a ballot initiative proposing to amend the Nebraska Constitution to include a right to abortion. The initiative sought to establish a fundamental right to abortion until fetal viability or when necessary to protect the life or health of the pregnant patient, without state interference. The relators argued that the initiative violated the single subject rule of the Nebraska Constitution and contained confusing language.In the lower courts, the relators presented their objections to the Nebraska Secretary of State, who decided to certify the initiative for the ballot. The relators then filed petitions for writs of mandamus to compel the Secretary of State to remove the initiative from the ballot. The Nebraska Supreme Court granted leave to file the actions and issued alternative writs of mandamus, ordering the Secretary of State to show cause why the initiative should not be removed.The Nebraska Supreme Court reviewed the case and determined that the initiative did not violate the single subject rule. The court found that the initiative's provisions were naturally and necessarily related to the general subject of creating a constitutional right to abortion. The court also rejected the argument that the initiative's language was confusing and misleading. Consequently, the court denied the writs of mandamus and dissolved the alternative writs by operation of law. View "State ex rel. Brooks v. Evnen" on Justia Law

David Archie contested the results of the Hinds County Supervisor primary runoff election held on August 8, 2023, alleging election irregularities. He filed a petition for judicial review on September 8, 2023, one day past the statutory deadline. The key issue on appeal was whether the Hinds County Circuit Clerk’s office was open or closed on September 7, 2023, as the deadline would be extended if the office was closed.The Hinds County Circuit Court dismissed Archie’s petition, finding it was filed outside the allowable time period. The court based its decision on the fact that the courthouse was open on September 7, 2023, but did not make specific findings about whether the clerk’s office was open or closed.The Supreme Court of Mississippi reviewed the case and found that the evidence was insufficient to determine whether the clerk’s office was open or closed on September 7, 2023. The court noted that while the courthouse was open, the clerk’s office doors were locked, and there was conflicting evidence about whether the office was accessible for conducting business. The court vacated the circuit court’s judgment and remanded the case for a more thorough evidentiary hearing to determine the status of the clerk’s office on the critical date.The main holding by the Supreme Court of Mississippi was that the circuit court’s judgment was vacated and the case was remanded for further proceedings to establish whether the clerk’s office was open or closed on September 7, 2023, which would affect the timeliness of Archie’s petition. View "Archie v. Smith" on Justia Law

The plaintiff, a registered voter in Auburn, New Hampshire, filed a complaint against the Governor, the Secretary of State, the State of New Hampshire, and officials from the Town of Auburn. He sought injunctive and declaratory relief regarding New Hampshire election laws, specifically challenging the use of electronic voting machines and other election-related statutes. The plaintiff alleged that he was denied the right to vote by hand on March 9, 2022, and claimed that various statutes were unconstitutional.The Superior Court granted the defendants' motion to dismiss the complaint for failure to state a claim upon which relief may be granted. The court did not address the issue of standing, despite the defendants' arguments that the plaintiff lacked standing. The plaintiff appealed the decision.The Supreme Court of New Hampshire reviewed the case and determined that the plaintiff had standing to bring his claims in Counts I and II, which related to his alleged denial of the right to vote by hand and the constitutionality of statutes allowing electronic voting machines. The court affirmed the trial court's dismissal of these counts to the extent they were based on the plaintiff's interpretation of Part II, Article 32 of the State Constitution. However, the court found that the plaintiff had standing to pursue his equal protection claim in Count II and remanded for further proceedings on that issue.For Counts III through VI, the court concluded that the plaintiff lacked standing as these claims raised generalized grievances rather than concrete, personal injuries. The court vacated the trial court's ruling on these counts and remanded with instructions to dismiss them for lack of subject matter jurisdiction. The case was affirmed in part, vacated in part, and remanded for further proceedings consistent with the court's decision. View "Richard v. Governor" on Justia Law

Three Libertarian Party candidates for the U.S. House of Representatives were disqualified from the 2024 general election ballot by the State Objection Panel for failing to comply with Iowa's statutory nomination requirements. The candidates, Nicholas Gluba, Charles Aldrich, and Marco Battaglia, were nominated at a party convention after no Libertarian candidates filed for the primary election. However, the party did not follow the required process for selecting delegates to the convention, which included holding precinct caucuses and county conventions on separate days and notifying county auditors of the delegates.The Iowa District Court for Polk County upheld the Panel's decision, finding that the Libertarian Party did not comply with Iowa Code section 43.94, which mandates that county convention delegates' terms begin the day after their election at precinct caucuses. The court ruled that strict compliance with this law was necessary, and the party's failure to follow the process invalidated the nominations. The court also rejected arguments that the objectors lacked standing and that the Panel's decision violated the candidates' First Amendment rights.The Iowa Supreme Court affirmed the district court's ruling. The court held that the statutory requirements for nominating candidates by convention must be strictly followed and that the Libertarian Party's failure to comply with these requirements justified the disqualification of the candidates. The court also found that the objectors had standing to challenge the nominations and that the Panel's decision did not violate the candidates' First Amendment rights. The court emphasized that the election laws are designed to ensure a fair and orderly process for candidate nominations. View "Gluba v. State Objection Panel" on Justia Law

A grassroots organization, Dallas HERO, collected over 169,000 signatures to place three proposed amendments to the City of Dallas charter on the ballot. The city council, however, proposed three additional amendments that would effectively nullify the citizen-initiated amendments by including primacy provisions. The city council's propositions were designated as Propositions K, M, and N, while the citizen-initiated propositions were designated as Propositions S, T, and U. The council passed an ordinance to include all these propositions in a special election scheduled for November 5, 2024.Relators sought emergency mandamus relief from the Fifth Court of Appeals and the Supreme Court of Texas, arguing that the council-initiated propositions were misleading and would confuse voters. The Fifth Court of Appeals denied the petition, stating that relators failed to comply with procedural rules and did not demonstrate entitlement to mandamus relief. The relators then brought their case to the Supreme Court of Texas.The Supreme Court of Texas held that the ballot language for the council-initiated propositions K, M, and N was misleading because it did not acknowledge the contradictions with the citizen-initiated propositions S, T, and U. The court found that the ballot language would confuse and mislead voters by omitting the effect of the primacy provisions, which are central to the council-initiated propositions. The court directed the city council to remove Propositions K, M, and N from the ballot to avoid redundancy and confusion, ensuring that the election process remains clear and comprehensible for voters. The court denied relief on the issue of amending the agreed-upon ballot language for Propositions S, T, and U, as relators were estopped from challenging it. View "IN RE DALLAS HERO" on Justia Law

In 2018, Robbie Gail Charette, a Republican candidate for Judge of the County Court-at-Law in Washington County, Texas, was indicted on four misdemeanor charges related to campaign law violations. These charges included misrepresenting the source of a campaign communication, falsely claiming to hold a public office, failing to file a personal financial statement on time, and not maintaining proper records of political expenditures. A special prosecutor pursued these charges without a prior referral from the Texas Ethics Commission (TEC).The trial court denied Charette's pretrial habeas application, which argued that the prosecution was unauthorized without prior TEC proceedings. The court found no legislative language granting the TEC exclusive authority to enforce the violations and ruled that district attorneys could independently investigate and prosecute election-related crimes. The Fourteenth Court of Appeals upheld this decision, stating that the district court had jurisdiction over the misdemeanors and that any alleged deprivation of civil due process rights by the TEC did not affect this jurisdiction.The Court of Criminal Appeals of Texas reviewed the case and concluded that the TEC has exclusive jurisdiction over the offenses listed in Chapter 571 of the Texas Government Code. The court held that the TEC must make an initial determination on alleged violations before any criminal charges can be brought. Since no TEC proceedings occurred in Charette's case, the trial court lacked subject matter jurisdiction over the charges. Consequently, the Court of Criminal Appeals reversed the judgment of the court of appeals and ordered the dismissal of the indictments against Charette. View "EX PARTE CHARETTE" on Justia Law