Justia Government & Administrative Law Opinion Summaries

Judge Persky was appointed to the superior court in 2003 and has been reelected. Dauber and others submitted a “Petition for Recall of Judge Aaron Persky” to the Registrar of Voters (Elections Code 11006, 11020-11022). Judge Persky responded that under the California Constitution, the Secretary of State was the proper official for the recall of state officers and that the petition contained an “incorrect and misleading” demand for an election to choose a successor because a vacancy would be filled by the Governor. An amended recall petition was submitted to the Registrar and approved for circulation. Judge Persky sought a temporary restraining order to compel the Registrar to withdraw its certification and refer the matter to the Secretary of State; to enjoin the petition’s circulation until the Secretary of State certified it; and to enjoin circulation while the petition contained the "misleading" statement. The court of appeal affirmed that the Registrar was the proper official to approve recall petitions for superior court judges and that the Persky recall petition was not misleading. The statutory process for recall of a “local officer” was expressly made applicable to recall of a superior court judge and is not contrary to the state constitution; it does not impermissibly distinguish between appellate courts and superior courts, including their classification as “state” or “local” officers. View "Perksy v. Bushey" on Justia Law

Two sets of petitioners challenged the Oregon Attorney General’s certified ballot title for Initiative Petition 33 (2018) (IP 33). If adopted, IP 33 would require that “government employee unions” annually report certain information to the Secretary of State, primarily how dues would be spent on union administration. Chief petitioners Schworak and Mitchell challenged the summary, while petitioners Lutz and Schwartz challenged all parts of the certified ballot title. After reviewing the petitioners’ arguments, the Oregon Supreme Court concluded that the proposed caption, the “no” result statement, and the summary did not substantially comply and must be modified. The “yes” result statement did substantially comply and did not require modification. View "Lutzv. Rosenblum" on Justia Law

At issue here was Utah State Bill SB54, the Utah Elections Amendments Act of 2014 (“SB54”) which reorganized the process for qualifying for a primary ballot in Utah, most importantly, by providing an alternative signature-gathering path to the primary election ballot for candidates who were unable or unwilling to gain approval from the central party nominating conventions. Prior to the passage of SB54, the Utah Republican Party (“URP”) selected its candidates for primary elections exclusively through its state nominating convention, and preferred to keep that process. In this litigation, the URP sued Utah Lieutenant Governor Spencer Cox in his official capacity (“the State”), alleging that two aspects of SB54 violated the URP’s freedom of association under the First Amendment, as applied to the States by the Fourteenth Amendment. The two challenged sections: (1) required parties to allow candidates to qualify for the primary ballot through either the nominating convention or by gathering signatures, or both (the “Either or Both Provision”); and (2) required candidates pursuing the primary ballot in State House and State Senate elections through a signature gathering method to collect a set number of signatures (the “Signature Requirement”). In two separate orders, the United States District Court for the District of Utah balanced the URP’s First Amendment right of association against the State’s interest in managing and regulating elections, and rejected the URP’s claims. Re-conducting that balancing de novo on appeal, the Tenth Circuit Court of Appeals affirmed the district court. View "Utah Republican Party v. Cox" on Justia Law

The Town of Hayneville ("the Town") and Carol Scrushy petitioned the Alabama Supreme Court for a writ of mandamus to direct the Lowndes Circuit Court to vacate its July 7, 2017, order denying the Town and Scrushy's motion to dismiss what they characterized as an election contest filed by Darshini Bandy, Connie Johnson, and Justin Pouncey (referred to collectively as "the electors") and to enter an order dismissing the electors' action. After review, the Supreme Court found the circuit court had the power to enforce its prior orders and to void the May 23, 2017, special election, which, the court found, had not been ordered in strict compliance with the State's election laws. The July 7, 2017, judgment of the circuit court enforcing its prior orders concerning the August 2016 election and the special election to fill the vacant council seat in District A was a valid judgment. Accordingly, Scrushy and the Town were not entitled to the relief they sought. View "Ex parte Carol Scrushy & the Town of Hayneville." on Justia Law

Two sets of petitioners challenged the Oregon Attorney General’s certified ballot title for Initiative Petition 28 (IP 28). IP 28, if adopted, would add an exception to the constitutional protections recognized in Vannatta v. Keisling, 931 P2d 770 (1997). Petitioners challenged the caption, the “yes” and “no” result statements, and the summary. Finding revisions warranted for all elements to the ballot title, the Oregon Supreme Court referred the matter back to the Attorney General for modification. View "Markley/Lutz v. Rosenblum" on Justia Law

The Supreme Court affirmed the decision of the Administration Hearing Commission (AHC) affirming the Missouri Ethics Commission’s (MEC) imposition of fees arising from the failure to Robin Wright-Jones and Wright-Jones for Senate (collectively, Appellants) to comply with the rules of Mo. Rev. Stat. chapter 130. The court also affirmed the judgment of the circuit court finding that Mo. Rev. Stat. 105.961.4(6) was not unconstitutional. On appeal, Appellants claimed that the monetary fees assessed by the MEC violated Mo. Const. art. I, section 31. Specifically, Appellants argued that, pursuant to section 105.961.4(6), the MEC may not assess fines for violations of state statutes, regulations, or rules. The Supreme Court disagreed, holding (1) there was no improper delegation of authority to the MEC; (2) the AHC’s decision was supported by the record; and (3) the assessed fees were not excessive. View "Wright-Jones v. Missouri Ethics Commission" on Justia Law

Alliance for a Safe and Independent Woodmen Hills bought ads and social-media coverage in an election. Campaign Integrity Watchdog filed a complaint with the Colorado Secretary of State against Alliance, alleging that Alliance failed to comply with Colorado’s campaign-finance laws requiring political committees to report contributions and expenditures. An Administrative Law Judge, or ALJ, ultimately ordered Alliance to pay fines and register as a political committee. Alliance appealed the campaign-finance decision and defended itself in a related defamation suit, racking up hundreds of dollars in court costs and thousands in legal fees. Alliance didn’t report those legal expenses. Watchdog filed another campaign-finance complaint; the ALJ concluded that the legal expenses were not reportable as expenditures but were reportable as contributions. Nonetheless, it ruled that the contribution-reporting requirement was unconstitutional as applied to Alliance for its post-election legal expenses. Watchdog appealed the ALJ’s determinations regarding the reporting requirements, and the court of appeals asked the Colorado Supreme Court to take the appeal directly under C.A.R. 50. After its review, the Supreme Court affirmed the ALJ’s decision that the legal expenses were not expenditures but were contributions under Colorado law. However, the Court reversed the ALJ’s determination that the reporting requirement was unconstitutional as applied to Alliance for its legal expenses: “The Supreme Court of the United States has consistently upheld disclosure and reporting requirements for political committees that exist primarily to influence elections. It makes no difference here that the contributions were not used to directly influence an election - any contribution to a political committee that has the major purpose of influencing an election is deemed to be campaign related and thus justifies the burden of disclosure and reporting.” Accordingly, the Colorado Supreme Court affirmed the ALJ’s decision in part and reversed in part. View "Campaign Integrity Watchdog v. Alliance for a Safe and Independent" on Justia Law

Jonathan Anderson, a lawyer, filed a termination report for Coloradans for a Better Future without requiring payment for his legal work, and “Better Future” didn’t report his service as a contribution. Campaign Integrity Watchdog complained to Colorado’s Secretary of State that Better Future should have done so. An Administrative Law Judge, or ALJ, dismissed Watchdog’s complaint on the merits. The court of appeals reversed in part, holding that Anderson’s service counted as a “contribution” to Better Future as the term was defined in section 1-45-103(6), C.R.S. (2017), of the Fair Campaign Practices Act (“FCPA”). The court reasoned that if the service was donated, it was a “gift” under section 1-45-103(6)(c)(I). If it was billed but not paid, it was an undercompensated service under section 1-45-103(6)(b). Either way, the service constituted a reportable contribution under the FCPA. The Colorado Supreme Court concluded the uncompensated legal services at issue here were not “contributions” to a political organization under Colorado’s campaign-finance laws. Accordingly, the court of appeals erred in holding that Better Future was required to report Anderson’s donated legal services. View "Coloradans for a Better Future v. Campaign Integrity Watchdog" on Justia Law

In 1987, African‐Americans filed suit against Chicago Heights, alleging dilution of voting opportunity. The election practices at issue were found to violate the Voting Rights Act, 52 U.S.C. 10101. Appellants split from other class plaintiffs and objected to the first consent decree; they have been the main opposition to proposed remedies. In 2010, the district court entered a consent decree, establishing a seven‐ward, single aldermanic form of government; including a ward map that complied with constitutional requirements; and requiring the city to reapportion the wards as the population changed. The subsequent 2010 census showed that the wards’ populations had changed, requiring reapportionment. After public comment, the city approved its redrawn ward map and sought approval of that map. Appellants objected and sought leave to file their own map for implementation by the court. The court held that the Decree gave the city the exclusive right to reapportion the wards. The city’s map still contained seven wards, each with an individual population deviation of less than 10 percent. However, the overall deviation was 12.65%. The Seventh Circuit affirmed that the proposed map is constitutional. The city presented sufficient justification and made a good faith effort to reapportion the map with the smallest population deviations practicable, using legitimate and nondiscriminatory objectives, such as maintaining historical and natural boundary lines where possible, and easing voter confusion by redrawing unusual boundaries. View "McCoy v. Chicago Heights Election Commission" on Justia Law

Yakima County Clerk Janelle Riddle appealed a trial court's ruling that five out of the six recall charges filed against her were factually and legally sufficient. Riddle was elected on in late 2014, defeating incumbent Kim Eaton. Riddle attributed many of the challenges she faced to Yakima County's early adoption of new case management software called “Odyssey.” Yakima County had received approval to be "an early adopter site" for Odyssey about a year before Riddle's election. Odyssey was implemented in November 2015. And although most of the early adopter sites for Odyssey encountered some difficulties in its implementation, the Yakima County Clerk's Office had the most difficulty making the transition. Another source of difficulty for Riddle has been her ongoing disagreement with other Yakima County officials, particularly the superior court judges, about the scope of Riddle's powers and duties as clerk. This disagreement prompted the Yakima County Superior Court to pass five new local administrative rules regarding the powers and duties of the clerk on an emergency basis. In May 2017, about two and a half years into Riddle's four-year term, the recall petitioners filed a statement of charges against Riddle, largely alleging Riddle failed to transmit court orders as required by statute, refused to perform in-court duties and threatened to shut down the Yakima County Superior Court, and failed to properly collect and account for clerk's office revenue. The Washington Supreme Court granted the recall petitioners' motion for accelerated review and found the five remaining recall charges legally sufficient. View "In re Recall of Riddle" on Justia Law