Justia Government & Administrative Law Opinion Summaries

In consolidated cases, petitioners sought review of the Oregon Attorney General’s certified ballot title for Initiative Petition (IP) 43 (2018), contending that various aspects did not comply with requirements set out in ORS 250.035(2). IP 43 proposed a statutory enactment that, with exceptions including a limited registration scheme, would prohibit the unlawful possession or transfer of an “assault weapon” or a “large capacity magazine,” as those terms are defined in the proposed measure. After defining the weapons and magazines within its scope, IP 43 created a new crime, “unlawful possession or transfer of an assault weapon or large capacity magazine,” for any person who “manufactures, imports, possesses, purchases, sells or transfers any assault weapon or large capacity magazine,” with exceptions. After review, the Oregon Supreme Court referred the ballot title for IP 43 back to the Attorney General for modification of the caption, the “yes” and “no” result statements, and the summary. View "Beyer v. Rosenblum" on Justia Law

Petitioners, CREW and its executive director, filed suit alleging that the Commission acted "contrary to law" in 2015 when it dismissed their administrative complaint against an unincorporated association. On appeal, CREW raised the judicial review provision of the Federal Election Campaign Act (FECA) and the Administrative Procedure Act (APA). The DC Circuit affirmed, holding that the Commission's dismissal of the complaint constituted the "agency action" supporting the district court's jurisdiction. In this case, the district court held that the Commission's explanation of its failure to prosecute was a rational exercise of prosecutorial discretion. The court dismissed CREW's arguments to the contrary. The court addressed remaining issues and the dissent's position before affirming the judgment. View "Citizens for Responsibility and Ethics in Washington v. FEC" on Justia Law

William Veitch was a Republican candidate for district attorney for the 10th Judicial Circuit of Alabama. His request for a declaration was denied, and he petitioned for a writ of mandamus when the trial court refused to direct that the names of candidates running for the office of district attorney for the 10th Judicial Circuit be included not only on the ballot to be used in the primary election in the Birmingham Division of Jefferson County, but also on the ballot to be used in the primary election in the portion of Jefferson County known as the Bessemer Cutoff. The trial court dismissed Veitch's action based on its conclusion that it lacked subject-matter jurisdiction and, alternatively, based on the doctrine of laches. Veitch appealed. The Alabama Supreme Court found a jurisdiction-stripping statute did not deprive the trial court of jurisdiction and Veitch was not precluded by the doctrine of laches from bringing his action. At this point, the Court expressed no opinion on the merits of Veitch's arguments regarding the alleged repeal of the 1953 Act, its alleged unconstitutionality, or its alleged unconstitutional application. The trial court's judgment was therefore reversed and this case was remanded for further proceedings. View "Veitch v. Vowell" on Justia Law

William Veitch was a Republican candidate for district attorney for the 10th Judicial Circuit of Alabama. His request for a declaration was denied, and he petitioned for a writ of mandamus when the trial court refused to direct that the names of candidates running for the office of district attorney for the 10th Judicial Circuit be included not only on the ballot to be used in the primary election in the Birmingham Division of Jefferson County, but also on the ballot to be used in the primary election in the portion of Jefferson County known as the Bessemer Cutoff. The trial court dismissed Veitch's action based on its conclusion that it lacked subject-matter jurisdiction and, alternatively, based on the doctrine of laches. Veitch appealed. The Alabama Supreme Court found a jurisdiction-stripping statute did not deprive the trial court of jurisdiction and Veitch was not precluded by the doctrine of laches from bringing his action. At this point, the Court expressed no opinion on the merits of Veitch's arguments regarding the alleged repeal of the 1953 Act, its alleged unconstitutionality, or its alleged unconstitutional application. The trial court's judgment was therefore reversed and this case was remanded for further proceedings. View "Veitch v. Vowell" on Justia Law

The Pennsylvania Supreme Court granted discretionary review to determine whether appellant, Swatara Township Board of Commissioners, was required to seek and obtain judicial approval before changing from an at-large to a by-ward system of governance. The Board claimed it was “not entirely elected at large,” and consequently, it possessed the authority to “reapportion” Swatara Township without judicial approval. The Supreme Court found the Board’s argument failed; judicial approval was required pursuant to Section 401 of the First Class Township Code, 53 P.S. section 55401. The Court thus affirmed the decision of the Commonwealth Court. View "Varner v. Swatara Township" on Justia Law

The circuit court ruled Appellant Kim Murphy was not qualified to be a candidate for election to a Richland County seat on the District 5 Richland-Lexington School Board of Trustees (School Board). The circuit court based this ruling on its conclusion that Murphy resided in Lexington County. Upon review, the South Carolina Supreme Court first found the circuit court had subject matter jurisdiction over Respondents' declaratory judgment action challenging Murphy's qualifications. Second, the Court held there was probative evidence in the record supporting the circuit court's conclusion that Murphy resided in Lexington County. Therefore, the Court affirmed the circuit court's ruling that Murphy is not qualified to be a candidate for election to a Richland County seat on the School Board. View "Gantt v. Selph" on Justia Law

The Supreme Court reversed the judgment of the trial court granting an application by five individual electors of the Town of Fairfield (collectively, Plaintiffs) for a writ of mandamus compelling a special election for a vacant seat on the Board of Selectmen.On appeal, the Town and its Board (collectively, Defendants) argued that the trial court improperly issued the writ of mandamus. Specifically, Defendants argued that article VI, 6.3(B) of the Fairfield Town Charter, which does not provide for a special election when the Board has acted to fill a vacancy within thirty days, was controlling over Conn. Gen. Stat. 9-222, which provides for the possibility of a petition for a special election to fill a vacancy on the Board even after the Board has acted. The Supreme Court agreed, holding (1) the charter provision controlled the method by which to fill the vacancy on the Board; and (2) because the Board timely designated a new selectman, the provision of the charter directing resort to Conn. Gen. Stat. chapter 146, which could have required a special election pursuant to section 9-222, was not triggered. View "Cook-Littman v. Board of Selectmen" on Justia Law

Defendants the Alabama Secretary of State, John Merrill, and a member of his staff, Ed Packard, the director of elections, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate a preliminary injunction and to dismiss for lack of jurisdiction the underlying action seeking injunctive and declaratory relief. On December 7, 2017, plaintiffs Pamela Miles, Dan Dannemueller, Paul Hard, and Victoria Tuggle (hereinafter referred to collectively as "the plaintiffs") filed a civil action against Merrill and Packard, in their official capacities, alleging certain electronic voting machines used in Alabama elections created digital images of the paper ballots scanned and counted by the machines, and that defendants "do not and will not instruct election officials" to preserve the digital ballot images. Those images, it was argued, were public records that, under Alabama law, had to be preserved. Plaintiffs also appeared to allege that federal law, specifically, 52 U.S.C. 20701, required those images be retained. This failure "to require that all election materials" be preserved, the plaintiffs contended, "infringe[d] upon their right to a fair and accurate election." The Alabama Supreme Court determined plaintiffs' allegations did not demonstrate how the "challenged practices harm[ed]" plaintiffs in a concrete way; how they would personally suffer the threatened injury, which is itself described only as a mere speculative possibility; or how they would benefit in a "tangible way" by a judgment in their favor. Instead, the Court found they alleged only that they "could" be harmed." Therefore, because the complaint insufficiently alleged that plaintiffs have standing, the trial court lacked jurisdiction over the action. The Court therefore directed that the case be dismissed. View "Ex parte Alabama Secretary of State John Merrill and Director of Elections Ed Packard." on Justia Law

Defendants the Alabama Secretary of State, John Merrill, and a member of his staff, Ed Packard, the director of elections, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate a preliminary injunction and to dismiss for lack of jurisdiction the underlying action seeking injunctive and declaratory relief. On December 7, 2017, plaintiffs Pamela Miles, Dan Dannemueller, Paul Hard, and Victoria Tuggle (hereinafter referred to collectively as "the plaintiffs") filed a civil action against Merrill and Packard, in their official capacities, alleging certain electronic voting machines used in Alabama elections created digital images of the paper ballots scanned and counted by the machines, and that defendants "do not and will not instruct election officials" to preserve the digital ballot images. Those images, it was argued, were public records that, under Alabama law, had to be preserved. Plaintiffs also appeared to allege that federal law, specifically, 52 U.S.C. 20701, required those images be retained. This failure "to require that all election materials" be preserved, the plaintiffs contended, "infringe[d] upon their right to a fair and accurate election." The Alabama Supreme Court determined plaintiffs' allegations did not demonstrate how the "challenged practices harm[ed]" plaintiffs in a concrete way; how they would personally suffer the threatened injury, which is itself described only as a mere speculative possibility; or how they would benefit in a "tangible way" by a judgment in their favor. Instead, the Court found they alleged only that they "could" be harmed." Therefore, because the complaint insufficiently alleged that plaintiffs have standing, the trial court lacked jurisdiction over the action. The Court therefore directed that the case be dismissed. View "Ex parte Alabama Secretary of State John Merrill and Director of Elections Ed Packard." on Justia Law

Initiative Petition (IP) 28, if enacted, would modify Article I, section 8, of the Oregon Constitution to permit either a legislative body or the people exercising their initiative power to regulate campaign contributions and expenditures. In this case’s first trip to the Oregon Supreme Court, the ballot title for IP 28 the Attorney General for modification. The Attorney General filed a modified ballot title, and the two sets of petitioners who challenged the original ballot title challenged the modified title. Among other things, petitioners challenged the ballot title’s unqualified use of the word “regulate.” They noted, and we agreed, that “the word ‘regulate,’ when used in the context of regulating expressive activity, can encompass a range of different types of regulations.” Petitioners objected to the modified ballot title, arguing among other things that it failed to comply with the Supreme Court’s opinion because it did not signal that “regulate” was undefined. The Supreme Court agreed that the changes the Attorney General made in the caption and “yes” result statement were not sufficient. “We appreciate the difficulty that the Attorney General faces in trying to accurately describe the nuances of complex measures in a limited amount of words. However, we reiterate what we previously said: the caption and the ‘yes’ result statement should state that the word regulate is undefined.” The modified ballot title was referred to the Attorney General for modification. View "Markley/Lutz v. Rosenblum" on Justia Law