Justia Government & Administrative Law Opinion Summaries

Defendant-appellant Tom Katsilometes challenged the Idaho Senate’s order granting over $18,000 in attorney fees to Senator W. Marcus Nye, awarded after Nye prevailed against Katsilometes in a contest over the results of the 2016 general election. The Senate confirmed Nye’s election and awarded him costs and attorney fees. Because Katsilometes refused to pay the attorney fees, Nye brought an action in district court seeking a declaratory judgment ordering Katsilometes to pay him the amount ordered by the Senate. The district court granted the declaratory judgment and further awarded Nye costs, attorney fees, and prejudgment interest. The Idaho Supreme Court determined the Senate did not have the authority to award attorney fees to Nye at the time of the election contest. Nye was not entitled to recover his litigation costs, attorney fees, and prejudgment interest in the district court action. Therefore, the Idaho Supreme Court reversed the district court’s order enforcing the award of attorney fees to Nye pursuant to the order of the Idaho Senate, and vacated all costs, attorney fees, and prejudgment interest awarded to Nye by the district court. Neither side was entitled to attorney fees on appeal; however, as the prevailing party, Katsilometes was entitled to his costs on appeal. View "Nye v. Katsilometes" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the judgment of the trial court declaring that the Village of Bratenahl did not violate Ohio's Open Meetings Act, Ohio Rev. Code 121.22, by conducting public business by secret ballot, holding that the use of secret ballots in a public meeting violates the Open Meetings Act.The Bratenahl Village Council voted by secret ballot to elect a president pro tempore. Plaintiffs brought this suit seeking a declaratory judgment that Bratenahl violated the Open Meetings Act. The trial court awarded summary judgment to Bratenahl. The court of appeals affirmed. The Supreme Court reversed, holding that the Open Meetings Act does not permit a governmental body to take official action by secret ballot and that maintaining secret ballot slips as public records does not cure a section 121.22 violation. View "State ex rel. Bratenahl v. Bratenahl" on Justia Law

At issue in this appeal was candidate Glenn Odom’s contest of a McBee Town Council election. The McBee Municipal Election Commission ruled on the contest, and Odom appealed the Commission's decision to the circuit court. The circuit court ruled in favor of Odom, and the Commission and candidate Shilon Green (collectively, Appellants) appealed to the South Carolina Supreme Court. During the election, several people attempting to vote were challenged as nonresidents of McBee. At the heart of this appeal were votes cast by four of the challenged voters. The Commission heard testimony from Odom and the four challenged voters and heard arguments from counsel. The four challenged voters testified they were McBee residents at all appropriate times and further testified they voted for Odom. In its written decision, the Commission found the four voters were eligible to vote in the election. The Commission wrote: "Because adding the four votes to the total for Glenn Odom would have changed the outcome of the election, the Municipal Election Commission hereby invalidates the September 5, 2018 election and orders a new election as is required under S.C. Code Ann. 5-15-130." Odom appealed the Commission's decision to the circuit court, arguing the Commission erred in ordering a new election instead of simply counting the four votes and declaring he was a prevailing candidate. The circuit court granted Odom's motion for reconsideration and held the Commission erred in invalidating the election and ordering a new election. The South Carolina Supreme Court affirmed the circuit court's decision to remand the proceedings to the Commission. The Supreme Court modified, however, the circuit court's order in two ways: (1) section 5-15-130, standing alone, required the four votes to be counted; (2) to the extent that the circuit court's decision could be read to order the Commission to declare Odom a prevailing candidate without the four votes first being counted, the Court held the four votes had to first be counted before the results of the election can be determined. The matter was remanded to the Commission and the Court ordered it to unseal the four provisional votes and apply those votes to the vote totals of the candidate(s) for whom the votes were cast, with the results of the election to then be declared accordingly. View "Odom v. Town of McBee Election Comm" on Justia Law

In 2012, the Navajo Nation and several of its individual members sued San Juan County, Utah alleging that the election districts for both the school board and the county commission violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and the Voting Rights Act (VRA) of 1965. The district court denied the county’s motion to dismiss, found that the election districts violated the Equal Protection Clause, and awarded summary judgment to the Navajo Nation. It later rejected the county’s proposed remedial redistricting plan because it concluded the redrawn districts again violated the Equal Protection Clause. The district court then appointed a special master to develop a proposed remedial redistricting plan, directed the county to adopt that remedial plan, and ordered the county to hold special elections based on that plan in November 2018. On appeal, the county challenged each of the district court’s decisions. Finding no reversible error, the Tenth Circuit affirmed. View "Navajo Nation v. San Juan County" on Justia Law

Seattle voters approved the "Democracy Voucher Program," intending to increase civic engagement. Recipients could give their vouchers to qualified municipal candidates, who could redeem those vouchers for campaign purposes. The city would find the program through property taxes. Mark Elster and Sarah Pynchon sued, arguing the taxes funding the program was unconstitutional. Because the program did not violate the First Amendment, the Washington Supreme Court affirmed. View "Elster v. City Of Seattle" on Justia Law

Plaintiff Fred Paquin served the Sault Ste. Marie Tribe of Chippewa Indians (the Tribe), a federally recognized Indian tribe whose territory was located within the geographic boundaries of Michigan, in two capacities: as the chief of police for the tribal police department and as an elected member of the board of directors, the governing body of the Tribe. In 2010, plaintiff pleaded guilty to a single count of conspiracy to defraud the United States by dishonest means in violation of 18 USC 371, for which he was sentenced to a year and a day in prison. The underlying conduct involved the misuse of federal funds granted to the tribal police department. In both 2013 and 2015, plaintiff sought to run for a position on defendant’s city council in the November general election. Plaintiff was rebuffed each time by defendant’s city manager, who denied plaintiff’s request to be placed on the ballot. In each instance, defendant’s city manager relied on Const 1963, art 11, sec. 8 to conclude that plaintiff’s prior felony conviction barred him from running for city council. Plaintiff brought the underlying declaratory action in the Mackinac Circuit Court, seeking a ruling that his position in tribal government did not constitute employment in “local, state, or federal government” under Const 1963, art 11, sec. 8. The Michigan Supreme Court determined that tribal government did not constitute "local...government." Accordingly, the Court reversed the Court of Appeals and remanded this matter back to the circuit court for further proceedings. View "Paquin v. City of St. Ignace" on Justia Law

This recount appeal arose out of the 2018 Alaska House of Representatives race for District 1. Following a recount the election was certified, with Kathryn Dodge receiving 2,662 votes and Barton LeBon receiving 2,663. Dodge filed this recount appeal pursuant to AS 15.20.510, arguing: (1) one ballot, excluded as “overvoted” because it contained markings in more than one oval, should have been counted for her; (2) two counted ballots should have been excluded because they had been cast by individuals who were not residents of the district; and (3) one ballot, excluded due to the voter’s registration in another district, should have been counted because the voter’s registration in the other district was inadvertent. LeBon challenged the same overvoted ballot as Dodge, but he argued it should have been included as a vote for him. LeBon also challenged five additional ballots. The Director maintained her original vote-counting decisions in the face of these challenges. At a hearing on December 20, 2018, a superior court issued a recommendation to uphold the Director of the Division of Elections’ vote-counting decisions. On January 4, 2019, the Alaska Supreme Court issued an order affirming the recount decision and indicated that this opinion would follow. View "LeBon v. Meyer" on Justia Law

Petitioners sought review of the SEC's order approving Rule 2030, which regulates the political contributions of those members of FINRA, prohibiting a placement agent from accepting compensation for soliciting government business from certain candidates and elected officials within two years of having contributed to such an official's electoral campaign or to the transition or inaugural expenses of a successful candidate.The DC Circuit held that NYGOP has standing, but denied its petition on the merits, holding that the SEC acted within its authority in adopting Rule 2030; doing so was not arbitrary and capricious because the SEC had sufficient evidence it was needed; and the Rule does not violate the First Amendment in view of our holding in Blount v. SEC, 61 F.3d 938 (1995), in which the court upheld a functionally identical rule against the same challenge. View "New York Republican State Committee v. SEC" on Justia Law

Citizens submitted a referendum petition to challenge Amador Water Agency’s Board Resolution No. 2015-19, adopting new water service rates for Agency customers. The Clerk of the Agency rejected the referendum petition and refused to place it on an election ballot, on the grounds that: (1) the petition was “confusing;” and (2) the rate change, while subject to challenge by initiative, was not subject to referendum. Appellants Howard Jarvis Taxpayers Association, Charlotte Asher, and Laura Boggs appealed the trial court’s denial of their petition for a peremptory writ of mandate against Amador Water Agency, its Clerk, and its Board of Directors (collectively “the Agency”). Appellants argued: (1) the Clerk exceeded her ministerial duties by declaring the petition confusing; and (2) referendum was an appropriate avenue to challenge the new water rates. After review, the Court of Appeal determined: (1) the Clerk exceeded the scope of her ministerial duty and should have certified the referendum petition as adequate; and (2) the Resolution was not subject to referendum. The Court reached a different conclusion in a different case currently under California Supreme Court review. Because the Court concluded the Resolution was not subject to referendum, it affirmed the judgment denying the writ petition. View "Howard Jarvis Taxpayers Assn. v. Amador Water Agency" on Justia Law

The Oregon Supreme Court considered three separate petitions that challenged the Oregon Attorney General’s ballot title for Initiative Petition 5 (2020). IP 5 would repeal and replace a provision in the Oregon Constitution, Article IV, section 6, that addressed reapportionment of the state’s legislative districts, after each decennial census, the take into account changes in the changes in the distribution of the state’s population. The Supreme Court determined the ballot title did not substantially comply with ORS 250.035(2), and referred the ballot title back to the Attorney General for modification. View "Fletchall v. Rosenblum" on Justia Law