Justia Election Law Opinion Summaries

The Supreme Court denied the writ of prohibition sought by the village of Georgetown to prevent the Brown County Board of Elections from placing a tax-levy-reduction measure on the November 5, 2019 general election ballot, holding that the village was not entitled to relief on either of its propositions of law.In opposition to placement of the levy-reduction measure on the ballot the village (1) alleged that the board acted unreasonably and arbitrarily when it found the petition contained a sufficient number of valid signatures, and (2) challenged the substantive validity of the ballot measure. The Supreme Court denied the requested writ, holding (1) the petition had a sufficient number of valid signatures; and (2) the board did not abuse its discretion by approving the levy-reduction measure for the ballot. View "Village of Georgetown v. Brown County Board of Elections" on Justia Law

In this interlocutory appeal, defendants challenged the district court's denial of their motion to dismiss for lack of subject matter jurisdiction a complaint alleging that Connecticutʹs redistricting plan, which counts incarcerated individuals in the district in which their prison is located rather than the district in which they permanently reside, violates the ʺone person, one voteʺ principle of the Fourteenth Amendment.The Second Circuit affirmed in part the district court's order to the extent it held that the Eleventh Amendment bar on suits against states does not apply to plaintiffsʹ claim and denied defendantsʹ motion to dismiss for lack of jurisdiction. However, the court held that the district court lacked jurisdiction to deny defendants' motion to dismiss for failure to state a claim, because this case involves a challenge to the constitutionality of the apportionment of a statewide legislative body, which must be heard by a three-judge district court under 28 U.S.C. 2284(a). Therefore, because this case falls within section 2284(a) and plaintiffs' claim presents a substantial federal question, the court remanded for the district court to refer the matter to a three-judge court for further proceedings. View "NAACP v. Merrill" on Justia Law

The Supreme Court granted a writ of mandamus to compel the Sandusky County Board of Elections to place a referendum petition concerning a city zoning ordinance on the November 2019 general election ballot, holding that the board's decision was contrary to law.The board excluded the petition from the ballot upon finding that the city zoning ordinance was properly passed as an emergency measure and was therefore not subject to referendum. The Supreme Court reversed, holding that the ordinance failed to state an emergency under Ohio Rev. Code 731.30 and was not properly enacted as an emergency measure. Therefore, the ordinance was subject to referendum. View "State ex rel. Hasselbach v. Sandusky County Board of Elections" on Justia Law

The Supreme Court dismissed Save Your Courthouse Committee's action seeking a writ of prohibition against the city of Medina and its director of finance (collectively, the municipal respondents) and denied the mandamus claim on the merits, holding that the committee could not show that article II, section 1g of the Ohio Constitution imposes a duty to allow ten days to gather additional signatures in support of a municipal initiative petition.The committee prepared an initiative petition that would allow city electors to vote on a courthouse project. The petition did not have enough valid signatures to qualify for the ballot. When a committee member asked the board of elections to afford the committee ten additional days to gather signatures, the board denied the request. The committee then filed its complaint for writs of prohibition and mandamus. The Supreme Court denied relief, holding (1) because the city did not exercise quasi-judicial authority, prohibition was not available to block the ordinance; and (2) the committee failed to show that the board had a duty to allow ten extra days to gather additional signatures for the municipal initiative petition. View "State ex rel. Save Your Courthouse Committee v. City of Medina" on Justia Law

The Supreme Court granted Randy Law a writ of mandamus ordering the Trumbull County Board of Elections to recertify his candidacy to the November 2019 ballot as an independent candidate for mayor of Warren, holding that the board abused its discretion by removing Law from the ballot.After Law submitted his petition to run as an independent candidate for mayor of Warren the board certified Law's candidacy to the November 2019 ballot. At a protest hearing, the board concluded that Law must be removed from the ballot because he had not disaffiliated himself from the Republican Party in good faith. Law then filed this action seeking a writ of mandamus, a writ of prohibition, or both. The Supreme Court granted the writ of mandamus and denied the writ of prohibition, holding that the board abused its discretion by (1) misconstruing the relevant inquiry when it required Law to take affirmative action to demonstrate his good faith, and (2) removing Law from the ballot based on evidence that was not probative of bad faith. View "State ex rel. Law v. Trumbull County Board of Elections" on Justia Law

Two Tonasket voters petitioned to recall City Council member Jill Ritter from office. The petition made six allegations relating to improper influence over a police investigation of a relative’s son, improperly reviewing police personnel records, certain public statements made about Tonasket police, and conspiracy to disband the police force. The superior court determined all allegations were insufficient to warrant a recall election; finding no reversible error, the Washington Supreme Court affirmed that decision. View "In re Recall of Ritter" on Justia Law

Two Tonasket voters petitioned to recall City Council member Christia “Teagan” Levine from office. The petition alleged Levin committed five violations relating to certain city personnel actions, conspiracy to remove the City Attorney and cause the Mayor to resign as part of an illegal quorum, withholding public records, and conspiring to disband the city police force. After a hearing, the trial court dismissed all charges, finding them factually and legally insufficient to sustain further action. Finding no reversible error in that judgment, the Washington Supreme Court affirmed. View "In re Recall of Levine" on Justia Law

A recall petition was filed against the Mayor and three Cathlamet council members; charges stemmed from Cathlamet’s purchase of a parcel of property at 20 Butler street. The petition alleged a violation of the Washington Constitution as a gift of public funds to the seller of the Butler Street property, Bernadette Goodroe. One additional charge against one town counselor alleged violation of RCW 42.23.070(2), prohibiting municipal officials from giving or receiving gifts related to their official capacities. The Washington Supreme Court determined the charges in the recall petition was legally insufficient, because acquisition of real property is a fundamental government purpose and discretionary act that was not manifestly unreasonable under the circumstances of this case. Accordingly, the Supreme Court affirmed the superior court. View "In re Recall of Burnham" on Justia Law

Montana Code section 45-8-216(1)(e)—which restricts automated telephone calls promoting a political campaign or any use related to a political campaign—violates the First Amendment. The Ninth Circuit reversed the district court's grant of summary judgment for the Attorney General of Montana, holding that regulating robocalls based on the content of their messaging presents a more severe threat to First Amendment freedoms than regulating their time, place, and manner. Furthermore, prohibiting political robocalls strikes at the heart of the First Amendment, as well as disproportionately disadvantages political candidates with fewer resources.After determining that plaintiff had standing to challenge Montana's Robocall Statute, the panel held that Montana's content-based restrictions on robocalls cannot survive strict scrutiny. Although protecting personal privacy was a compelling state interest, the panel held that the statute was not narrowly tailored to further this interest, the statute was both underinclusive and overinclusive, and thus the statute's restriction on political messages did not survive strict scrutiny. View "Victory Processing, LLC v. Fox" on Justia Law

The Supreme Court denied a writ of mandamus sought by six Williams County electors (Relators) to compel the Williams County Board of Elections and its members to place a petition for a proposed county charter on the November 5, 2019 ballot, holding that Relators had an adequate remedy at law.The Board found that Relators' proposal did not comply with Ohio Const. art. X, 3, which governs county-charter proposals, and determined that the proposal was invalid. In this original action, Relators argued that the Board impermissibly examined the substance of the proposed charter when it should have determined only the sufficiency and validity of the petition and signatures. The Supreme Court denied the writ, holding that Relators failed to show that initial review by a court of common pleas, following by an appeal of right to a court of appeals, afforded them an inadequate remedy at law. View "State ex rel. Fleming v. Fox" on Justia Law