17 results for 'cat:"Elections" AND cat:"Municipal Law"'.
J. Streeter finds that the trial court properly denied writ relief to a cardroom whose application to expand was denied by the state gambling commission. A local voter-approved measure that would enable the expansion is not exempt from the Gambling Control Act, which requires approval from the commission. Also, the ballot language for the measure did not substantially comply with a requirement for neutral, concise wording. And the commission rightly rejected the cardroom's application because the measure did not comply with statute. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 30, 2024, Case #: A168427, Categories: Administrative Law, elections, municipal Law
J. Heavican finds the district court properly dismissed the losing county commissioner candidate's complaint for declaratory relief. The candidate says a change to the boundary of his district was made without notice to him, causing him to lose the election. Though its opinion does not endorse the public officials' actions, the candidate's request for declaratory relief is not appropriate to contest election results. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 22, 2024, Case #: S-23-062, Categories: elections, municipal Law
[Consolidated.] Per curiam, the court of appeals denies the petitions for mandamus to compel the Conroe city secretary to reject certain applications to appear on the city's general election ballot. Petitioners say the applications are deficient in terms of signatures and certifications, but they have not made factual determinations and have not shown entitlement to relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 09-24-00091-CV, Categories: Administrative Law, elections, municipal Law
J. Pennell finds that the lower court properly ruled against a homeless organization that sought to challenge a Spokane ballot initiative that expands on a camping ban at certain locations around the city. The organization claims the initiative conflicts with state law and falls outside local initiative powers, but those claims do not pass legal muster. The state law they claim it conflicts with is not centered around homelessness regulations, but is instead mostly concerned with data and performance metrics. The initiative in question also falls well within the definition of an exercise of police powers, making it appropriate for the ballot. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: December 7, 2023, Case #: 39924-9-III, Categories: Civil Rights, elections, municipal Law
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J. Sanchez finds that the trial court properly granted quo warranto relief and ordered the removal of three Mission Viejo city council members who were elected in 2018 to two-year terms. A stipulated judgment settling a lawsuit against the city required the shorter terms in order to switch from district voting to cumulative voting in 2020. The shorter terms would open up all council seats for election at the same time. It turned out that cumulative voting was not implemented in 2020, but the stipulated judgment required the two-year terms and did not allow any extension. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: December 4, 2023, Case #: G061838, Categories: elections, municipal Law
J. Egan finds that the lower court properly voided a local law setting new district boundaries for the Broome County Legislature following the 2020 U.S. Census because dividing the town of Maine among three districts violated a provision of the municipal home rule and could constitute an attempt at gerrymandering. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 30, 2023, Case #: CV-22-2382, Categories: elections, municipal Law
J. Bokor finds the trial court properly found in favor of the candidate in a lawsuit from the city claiming that, under the city charter and city codes, he did not qualify to run for city commissioner because he did not meet certain residency requirements, in part due to changes in the electoral maps in June 2023 from a federal lawsuit over unconstitutional gerrymandering. The trial court correctly held that the plain language of the city charter controls, and under that plain language, without reading any extra words into it, the candidate qualifies to run because he lived in his district for more than 20 years before the maps changed months ahead of the election, satisfying the charter's requirements that candidates "shall have resided" within their district for at least one year before qualifying as a candidate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: November 20, 2023, Case #: 23-1776, Categories: elections, municipal Law
J. Graber issues an amended order for the 9th Circuit's opinion filed on March 8, 2023 denying a petition for rehearing and ordering that no future petitions will be entertained concerning an organization's motion for a preliminary injunction seeking to enjoin enforcement of a San Francisco ordinance that imposes a "secondary-contributor disclaimer requirement" for certain types of political advertisements. The City and County of San Francisco added a secondary-contributor disclaimer requirement to list the major donors in those political advertisements. The organization did not show a likelihood of success on the merits of their First Amendment claim.
Court: 9th Circuit, Judge: Graber, Filed On: October 26, 2023, Case #: 22-15824, Categories: elections, municipal Law, First Amendment
J. Hiland finds the circuit court properly denied the citizens’ petition for declaratory judgment and writ of mandamus challenging the certification of a city council election won by an individual who had been notified that his name was missing from the list of registered voters and was not a “qualified elector” able to take office. Despite the absence of the candidate’s name from the voter list, he was a registered voter and therefore a “qualified elector.” The appeal is dismissed as moot.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: October 12, 2023, Case #: CV-23-183, Categories: elections, municipal Law
[Modified.] J. Simons fixes a typo and adds a footnote with no change in the judgment. The trial court erred when it found a voter-approved city ordinance that expanded the electorate for school board elections to noncitizen parents void and unenforceable. Charter cities have the authority under the state constitution to include noncitizen parents in school board elections. Also, charter cities are exempted from Education Code provisions that require compliance the election law requirement that registered voters be citizens. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: August 28, 2023, Case #: A165899, Categories: Education, elections, municipal Law
J. Simons holds that the trial court erred when it found a voter-approved city ordinance that expanded the electorate for school board elections to noncitizen parents void and unenforceable. Charter cities have the authority under the state constitution to include noncitizen parents in school board elections. Also, charter cities are exempted from Education Code provisions that require compliance the election law requirement that registered voters be citizens. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: August 8, 2023, Case #: A165899, Categories: Education, elections, municipal Law
J. Edmon finds that the trial court erred in prohibiting the enforcement of a voter-approved charter amendment that would allocate 10% of Los Angeles County's general fund to community investment and alternatives to incarceration. The adoption of Measure J is permissible under the California Constitution as an exercise of the County's authority in its own governance. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: July 31, 2023, Case #: B314973, Categories: elections, municipal Law
J. Theriot finds that the trial court properly denied the proposed incorporation of the City of St. George in the southeast section of East Baton Rouge Parish. The petition for incorporation did not comply with the statutory requirements since it lacked a plan for the provision of the listed services. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: July 14, 2023, Case #: 2022CA1203, Categories: elections, Government, municipal Law
J. Gonzalez dismisses an action brought by the Village of Mineola in Long Island against the Town of Hempstead challenging the town’s newly adopted redistricting plan, claiming the decision to swap two districts ultimately violates the equal protection clause’s one-person, one-vote principle. The court finds the new districts survive judicial review and do not violate the sole remaining litigant’s voting rights.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: July 13, 2023, Case #: 2:22cv6231, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, elections, municipal Law
J. Anderson affirms the district court's finding that language in a proposed charter amendment that has been deemed unconstitutional is not severable from the rest of the amendment. The purpose of the amendment, which would have overhauled the city's municipal elections, is fundamentally tied to the unconstitutional language, which would have blocked the use of ranked-choice voting unless previously approved by voters in a manner preempted by state statute. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 24, 2023, Case #: A22-1190, Categories: Constitution, elections, municipal Law
[Consolidated.] Per curiam, the court of appeals finds that the appellate division properly held that a 2014 law seeking to limit town elected officials to eight consecutive years in office was invalid because the law had not gone to a referendum of town voters. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: May 19, 2023, Case #: 56, Categories: elections, municipal Law