Justia Government & Administrative Law Opinion Summaries

In this case before the Supreme Court of Ohio, Dennis Schreiner petitioned for a writ of prohibition against the Erie County Board of Elections and its members. Schreiner sought to remove Steven Kraus, a candidate for the Ohio House of Representatives, from the March 2024 primary election ballot. Schreiner's argument was based on Kraus' previous conviction of a disqualifying offense and his subsequent claim that the office of state representative involves substantial management or control over the property of a state agency, political subdivision, or private entity, as defined by R.C. 2961.02(B).However, the court found that a state representative does not have direct management or control over the property of any state agency, political subdivision, or private entity. Schreiner failed to provide clear and convincing evidence that the office of state representative involves substantial management or control over such property. The court, therefore, ruled that the board of elections did not abuse its discretion or act in clear disregard of applicable law in keeping Kraus on the primary-election ballot. Consequently, the court denied Schreiner's petition for a writ of prohibition. View "State ex rel. Schreiner v. Erie Cty. Bd. of Elections" on Justia Law

The United States Court of Appeals for the District of Columbia Circuit reviewed the Federal Election Commission's (FEC) dismissal of an administrative complaint by the Campaign Legal Center (CLC). The CLC alleged campaign finance violations by two presidential campaign committees, claiming that they concealed over $750 million in expenditures by routing them through sham payments to two LLCs. The FEC dismissed the complaint, invoking prosecutorial discretion. The CLC argued that the FEC's invocation of discretion was dependent on legal analysis and was thus subject to judicial review under the Federal Election Campaign Act. The district court concluded that the FEC's reliance on considerations of prosecutorial discretion was separate from its legal analysis and precluded judicial review.On appeal, the Court of Appeals affirmed the district court's decision. The court held that the FEC's reasons for dismissal, which included resource allocation concerns, potential litigation risks, and a shifting regulatory landscape, were distinct considerations of prosecutorial discretion that did not solely rest on legal interpretation, and therefore were not reviewable by the court. The court rejected the CLC's argument that the FEC's invocation of discretion was intertwined with its legal analysis, stating that the agency's estimation of the resource demands of the proposed investigation and its potential size and scope bore no discernable relationship to any legal inquiry. View "Campaign Legal Center v. FEC" on Justia Law

The U.S. Court of Appeals for the Eleventh Circuit considered an appeal by Mark Meadows, former White House chief of staff under President Donald Trump, who sought to move his state criminal prosecution to federal court. The state of Georgia had indicted Meadows for crimes related to alleged interference in the 2020 presidential election. Meadows argued that because these actions were taken in his official capacity, they should be heard in federal court according to the federal-officer removal statute (28 U.S.C. § 1442(a)(1)). The district court denied this request because Meadows' charged conduct was not performed under the color of his federal office. The court of appeals affirmed this decision. It ruled that the federal-officer removal statute does not apply to former federal officers and even if it did, the alleged actions leading to this criminal action were not related to Meadows’ official duties. The court concluded that the former chief of staff’s role does not include influencing state officials with allegations of election fraud or altering valid election results in favor of a particular candidate, regardless of the chief of staff's role with respect to state election administration. Therefore, Meadows was not entitled to invoke the federal-officer removal statute. View "The State of Georgia v. Meadows" on Justia Law

In the case before the Court of Appeal of the State of California Fourth Appellate District Division Three, the court heard an appeal from a quo warranto judgment which ordered the removal of Ed Sachs, Wendy Bucknum, and Greg Raths from their positions as members of the City of Mission Viejo City Council. The quo warranto judgment was based on the finding that their respective two-year terms of office, which they had been elected to in November 2018, had expired in December 2020. Despite this, Sachs, Bucknum, Raths, and Mission Viejo continued to hold office.The defendants argued that Elections Code section 14029, which authorizes broad remedies for violations of the California Voting Rights Act of 2001, did not permit the implementation of two-year terms of office for city councilmembers because Government Code section 57377 imposes an ironclad requirement of four-year terms. They contended that they must be deemed to have been elected in November 2018 as councilmembers to four-year terms of office and were entitled to stay in office past their two-year terms.However, the Court of Appeal rejected this argument, stating that even if their interpretation of Elections Code section 14029 and section 57377 was correct, the result they propose – that they receive four-year terms of office – was not. In November 2018, Sachs, Bucknum, and Raths were elected for two-year terms, not four-year terms. The court affirmed the trial court's judgment for quo warranto, stating that they were unlawfully holding office. View "P. ex rel. Schlesinger v. Sachs" on Justia Law

In this case addressing the General Assembly districting plan adopted by the Ohio Redistricting Commission in September 2023 the Supreme Court granted motions to dismiss brought by Petitioners, who filed motions for leave to file objections instanter to the plan and denied motions to vacate and for leave to file objections, holding that dismissal was warranted.The Commission adopted a new redistricting plan in September 2023 by a unanimous vote. Petitioners moved for leave to file objections. Respondents, members of the Commission, moved to dismiss the cases and to vacate the court's orders declaring the districting plan adopted by the General Assembly in September 2021 as unconstitutional. The Supreme Court granted the motions to dismiss, denied the motions to vacate as moot, and denied the motions for leave to file objections to the September 2023 plan, holding that now that the Commission has adopted a plan with bipartisan support, the facts before the Court bore no resemblance to the allegations in Petitioners' complaints. View "League of Women Voters of Ohio v. Ohio Redistricting Comm'n" on Justia Law

Plaintiffs challenge the Louisiana Legislature’s 2022 redistricting map for electing the state’s six members of the United States House of Representatives. The district court preliminarily enjoined use of that map for the 2022 congressional elections. The United States Supreme Court stayed that injunction, pending resolution of a case involving Alabama’s congressional redistricting plan. About a year later, the Supreme Court resolved the Alabama case.In review of the Louisiana Legislature's 2022 redistricting plan, the Fifth Circuit held that district court did not clearly err in its necessary fact-findings nor commit legal error in its conclusions that the Plaintiffs were likely to succeed in proving a violation of Section 2 of the Voting Rights Act. However, the court found the injunction is no longer necessary. View "Robinson v. Ardoin" on Justia Law

The Galveston County Commissioners Court is composed of four county commissioners, elected from single-member precincts, and one county judge, elected by the entire county. From 1991 to 2021, one of the four commissioner precincts had a majority-minority population, with blacks and Hispanics together accounting for 58 percent of the precinct’s total population as of 2020. In 2021, the Galveston County Commissioners Court enacted a new districting plan for county commissioner elections. The enacted plan does not contain a majority-minority precinct. Following a bench trial, the district court found that the enacted plan dilutes the voting power of the county’s black and Hispanic voters in violation of Section 2 of the Voting Rights Act.Galveston County appealed. The panel held that, under existing precedent, distinct minority groups like blacks and Hispanics may be aggregated for purposes of vote dilution claims under Section 2. However, disagreeing with the underlying legal analysis, the panel believed that such precedent should be overturned. Thus, the panel requested a poll for en banc hearing. View "Petteway v. Galveston County" on Justia Law

Plaintiff John Frank sued Wyoming state and local officials in federal district court under 42 U.S.C. § 1983, contending Wyoming's electioneering statute violated the First Amendment, facially and as applied. Frank, a Wyoming citizen, and alleging the statute unconstitutionally prevented him from handing out campaign literature and displaying bumper stickers on his car within the 300-foot buffer zone. Frank also claimed the statute was overbroad because it violated the First Amendment rights of third parties who could not display campaign signs on private property falling within the statutory buffer zones. The parties filed cross-motions for summary judgment. The court granted each in part, striking down some parts of the electioneering statute and upholding the rest. Specifically, the district court held the ban on electioneering within 300 feet of polling places on election day was unconstitutional, as was the ban on bumper stickers within the election day and absentee period buffer zones. But the district court upheld the statute’s prohibition on electioneering within 100 feet of absentee polling places. It also concluded there was an insufficient factual basis to consider Plaintiff’s overbreadth claim. After its review, the Tenth Circuit affirmed in part and reversed in part, and remanded for further proceedings. The Court upheld the electioneering statute against Frank’s First Amendment challenge to the size of, and conduct proscribed within, the 300-foot election-day buffer zone. The Court reversed and remanded on Frank’s constitutional challenge to the absentee buffer zone, including the electioneering conduct proscribed within that zone. Finally, the Court remanded for the district court to adjudicate in the first instance Frank’s facial overbreadth challenge. View "Frank, et al. v. Wyoming Secretary of State, et al." on Justia Law

Kari Lake and Mark Finchem (“Plaintiffs”), the Republican nominees for Governor and Secretary of State of Arizona, filed this action before the 2022 general election, contending that Arizona’s use of electronic tabulation systems violated the federal Constitution. The district court dismissed their operative first amended complaint for lack of Article III standing. Lake v. Hobbs. Plaintiffs’ candidacies failed at the polls, and their various attempts to overturn the election outcome in state court have to date been unavailing. On appeal, they no longer seek any relief concerning the 2022 election but instead seek to bar use of electronic tabulation systems in future Arizona elections.   The Ninth Circuit agreed with the district court that Plaintiffs’ “speculative allegations that voting machines may be hackable are insufficient to establish an injury in fact under Article III. The court explained that even assuming Plaintiffs could continue to claim standing as prospective voters in future elections, they had not alleged a particularized injury and therefore failed to establish the kind of injury Article III requires. None of Plaintiffs’ allegations supported a plausible inference that their individual votes in future elections will be adversely affected by the use of electronic tabulation, particularly given the robust safeguards in Arizona law, the use of paper ballots, and the post-tabulation retention of those ballots. The panel concluded that speculative allegations that voting machines may be hackable were insufficient to establish an injury, in fact, under Article III. View "KARI LAKE, ET AL V. ADRIAN FONTES, ET AL" on Justia Law

The Supreme Court denied a writ of prohibition sought by Relator ordering Cuyahoga County Board of Elections and its individual members to remove a proposed East Cleveland city-charter amendment from the November 7, 2023 general election ballot and refrain from going forward with a special mayoral-recall election, holding that Relator was not entitled to the writ.Relator, the mayor of East Cleveland, sought a writ of prohibition ordering Respondents - the Cuyahoga County Board of Elections and its individual members - to remove a proposed city-charter amendment from the November 2023 general election ballot and refrain from proceeding with a May 5, 2023 mayoral-recall election. Relator further sought a temporary restraining order and preliminary injunction asking that the elections and the mayoral recall not go forward. The Supreme Court denied the writ and denied as moot Relator's motion for a temporary restraining order and preliminary injunction, holding that Relator was not entitled to the writ of prohibition. View "State ex rel. King v. Cuyahoga County Bd. of Elections" on Justia Law