Justia Government & Administrative Law Opinion Summaries

The Colorado Supreme Court reviewed the state's final congressional redistricting plan adopted by the Colorado Independent Congressional Redistricting Commission pursuant to article V, section 44.5 of the Colorado Constitution. The Court concluded the Commission did not abuse its discretion in applying the criteria in article V, section 44.3 in adopting the Plan on the record before it. The Court therefore approved the Plan for Colorado’s congressional districts for the ensuing decade, and ordered the Commission to file the Plan with the Colorado Secretary of State no later than December 15, 2021, as required by article V, section 44.5(5). View "In re Colo. Indep. Cong. Redistricting Comm'n" on Justia Law

The Supreme Court reversed the judgment of the trial court dismissing Plaintiffs' administrative appeal for lack of subject matter jurisdiction from the adverse decision of the State Elections Enforcement Commission determining that Plaintiffs violated certain state election laws and regulations, holding that the administrative appeal was timely filed.In its decision, the Commission found that Plaintiffs, who had received funding for their campaigns through the Citizens' Election Program, had violated laws and regulations related to the Program and imposed civil fines for those violations. Plaintiffs appealed. The superior court dismissed the appeal on the ground that it was untimely filed under Conn. Gen. Stat. 4-183(c)(2). The Supreme Court reversed, holding (1) the timeliness of Plaintiffs' appeal was governed by the limitation period of Conn. Gen. Stat. 4-183(c)(3); and (2) Plaintiffs' appeal was timely filed under section 4-183(c)(3). View "Markley v. State Elections Enforcement Commission" on Justia Law

In 2019, the Oxnard city council adopted a resolution placing Measure B on the March 2020 ballot. Measure B sought to extend the mayor’s term to four years and to establish a limit of three terms for city council members. Two weeks later, Starr delivered an initiative petition to the city council. Starr’s initiative would not allow a person to indefinitely alternate between mayor and council member without a break and would establish a combined two-term limit for mayor and council member. The Ventura County Elections Division certified the signatures on Starr’s initiative petition. Instead of placing Starr’s initiative on the ballot, in January 2020, the city exercised its option under Elections Code section 9215(a) to adopt the initiative as an ordinance without alteration but did not remove Measure B from the ballot. The voters adopted Measure B, so it prevailed over the terms of Starr’s initiative previously adopted as an ordinance, and the term limits provided in Starr’s initiative did not take effect.The court of appeal reversed the trial court and ordered that the initiative be placed on the ballot. The city’s actions, rendering the ordinance a nullity, deprived the voters of the opportunity to decide the issue of term limits. View "Starr v. Chaparro" on Justia Law

Warren Schmitz contested the results of the November 3, 2020, election to fill the seat for Georgia House of Representatives District 52. The certified election results showed that 17,069 votes were cast for Shea Roberts, and 16,692 votes were cast for incumbent Deborah Silcox, thus making Roberts the winner by 377 votes. Claiming a variety of irregularities, Schmitz filed a timely petition in Fulton County Superior Court on November 25, 2020, to contest the results of the House District 52 election. On April 22, 2021, that petition was dismissed by the superior court based on its determination that Roberts had to be served with the notice of the election contest under OCGA 21-2-524 (f) and its finding that Schmitz failed to exercise diligence to see that Roberts was properly served. On appeal, Schmitz contended these determinations were erroneous and that the trial court lacked the authority to dismiss the case on this basis. However, the Georgia Supreme Court agreed with the superior court that OCGA 21-2-524 (f) required candidates to be served with notice of the election contest. "Moreover, because the findings of the superior court with respect to diligence are supported by the record and because dismissal of the election contest was within the superior court’s discretion, we affirm." View "Schmitz v. Barron et al." on Justia Law

About two months before the 2020 general election, a village government, a nonpartisan political organization, and two individual Alaska voters sought to enjoin the State from enforcing a statute that required absentee ballots to be witnessed by an official or other adult. They argued that, under the unusual circumstances posed by the COVID-19 pandemic, the witness requirement unconstitutionally burdened the right to vote. The superior court granted a preliminary injunction, concluding that the State’s interests in maintaining the witness requirement were outweighed by the burden that requirement would impose on the right to vote during times of community lockdowns and strict limits on person-to-person contact. The court also rejected the State’s laches defense, reasoning that the unpredictability of the pandemic’s course made it reasonable for the plaintiffs to wait as long as they did before filing suit. The State petitioned for review. After an expedited oral argument the Alaska Supreme Court affirmed the superior court’s decision, finding no abuse of discretion. This opinion explained the Court's reasoning. View "Alaska, Office of Lieutenant Governor, Division of Elections v. Arctic Village Council, et al." on Justia Law

The Supreme Court denied a writ of prohibition sought by Relators in this expedited election case to bar the Clark County Board of Elections from placing a referendum on the November 2021 election ballot, holding that Relators were not entitled to the writ.Hillside Creek Farms filed an application to rezone its forty-two-acre parcel of real property from agricultural and rural residential to a Planned District-Residential classification. After the Clark County Board of County Commissioners approved the amended rezoning application a petition was filed requesting a ballot referendum on the Hillside rezoning resolution. Relators, including Hillside, filed a protest against the zoning-referendum petition. The denied the protest and placed the referendum on the November ballot. The Supreme Court denied Relators' requested writ of prohibition, holding that the board of elections' decision to approve the zoning referendum for placement on the ballot was authorized by law. View "Hillside Creek Farms v. Clark County Board of Elections" on Justia Law

The Supreme Court granted in part and denied in part a writ of mandamus sought by Relators, four City of Cincinnati electors, to compel changes to ballot language for a proposed amendment to the Cincinnati City Charter, holding that Relators showed that they were entitled to the writ in part.At issue was an initiative petition proposing amendments to the Cincinnati City Charter. The Hamilton County Board of Elections certified ballot language to which Relators objected. Relators filed this original action against the Board and its members alleging that the certified ballot language misrepresented the proposed amendment and omitted material information. The Supreme Court granted the writ in part and denied it in all other respects, holding that Relators showed that the Board abused its discretion in preparing and certifying only certain ballot language for the proposed amendment. View "State ex rel. Rhoads v. Hamilton County Board of Elections" on Justia Law

In 2012, the Alaska Public Offices Commission (APOC) issued an advisory opinion stating that the contribution limits in Alaska’s campaign finance law were unconstitutional as applied to contributions to independent expenditure groups. In 2018, three individuals filed complaints with APOC alleging that independent expenditure groups had exceeded Alaska’s contribution limits. APOC declined to enforce the contribution limits based on its advisory opinion. The individuals appealed to the superior court, which reversed APOC’s dismissal of the complaints and ordered APOC to reconsider its advisory opinion in light of a recent Ninth Circuit Court of Appeals decision. APOC appealed, arguing that it should not have been required to enforce laws it viewed as unconstitutional and that its constitutional determination was correct. Because the Alaska Supreme Court found it was error to reverse APOC’s dismissal of the complaints, it reversed the superior court’s order. View "Alaska Public Offices Commission v. Patrick, et al." on Justia Law

The Supreme Court denied a writ of mandamus seeking to place a referendum on the November 2021 ballot asking voters to approve or disapprove an amendment to the Liberty Township Zoning Resolution, holding that the Delaware County Board of Elections did not abuse its discretion or disregard clearly applicable law in sustaining a protest to the referendum petition.The board of elections sustained the protest to the referendum petition because the petition did not include an adequate summary of the zoning amendment as required by Ohio Rev. Code 519.12(H). Relator, Scott Donaldson, sought this writ of mandamus ordering the board of elections to place the referendum on the ballot. The Supreme Court denied the writ, holding that Relator failed to demonstrate by clear and convincing evidence that the board of elections abused its discretion or disregarded clearly applicable law in sustaining the protest to the referendum petition. View "State ex rel. Donaldson v. Delaware County Board of Elections" on Justia Law

In 1999, Agpawa pleaded guilty to federal felony mail fraud. In 2002, he completed his sentence. Agpawa ran for mayor of the City of Markham in 2017. There were no preelection challenges to Agpawa’s nominating petitions, but Cook County State’s Attorney Foxx sent Agpawa a letter stating that he was ineligible to serve as mayor because of his felony conviction. Agpawa won the election. Foxx filed a complaint, alleging that Agpawa had been convicted of an “infamous crime” and was prohibited from holding municipal office unless he received a presidential pardon under the Election Code. 10 ILCS 5/29-15. The appellate court affirmed judgment for Foxx.Agpawa sought relief from then-Governor Rauner, who issued a document that purported to be a “RESTORATION OF RIGHTS OF CITIZENSHIP ROGER AGPAWA.” Agpawa took the oath of office as Markham's mayor. The court vacated its earlier order. No appeal was taken. In 2020, Agpawa sought reelection. Opponents objected. The Markham Municipal Officers Electoral Board ruled in favor of Agpawa. The appellate court reversed. A subsequent amendment to the Election Code specifically refers to a restoration of rights by the governor.The Illinois Supreme Court reinstated the Board ruling. While the governor has no constitutional authority to pardon a federal conviction, the governor has statutory authority to mitigate the collateral electoral consequences of such a conviction by issuing a restoration of rights. Governor Rauner’s untitled document restored Agpawa’s Illinois rights of citizenship, including the right to hold municipal office. The court rejected arguments that the Illinois legislature had no authority to alter the effect of a federal conviction and that the statutory amendment violated the special legislation clause, was “void for vagueness,” should not be applied retroactively, and violated first amendment rights, the equal protection clause, and separation of powers principles. View "Walker v. Agpawa" on Justia Law