Justia Civil Procedure Opinion Summaries

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

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

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

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

Petitioner, the Attorney General of the State of California, sought a peremptory writ of mandate directing respondent Superior Court of Sacramento Country to vacate its order requiring that he rescind the circulating title and summary he prepared for a proposed 2018 ballot initiative measure to repeal portions of Senate Bill 1, the Road Repair and Accountability Act of 2017, and replace it with the title and summary approved by the court. The court ruled the circulating materials prepared by the Attorney General were confusing, misleading, and likely to create prejudice against the proposed measure. After the Attorney General filed his writ petition with the Court of Appeal court, and initial opposition was filed by the real party in interest Travis Allen, the Court of Appeal issued an order to preserve its jurisdiction, staying the superior court’s ruling and any proceedings thereon, pending further order of the Court of Appeal. Having reviewed the petition and opposition thereto, the Court of Appeal concluded the language prepared by the Attorney General, contrary to the findings of the respondent court, did not mislead the voters or create prejudice against the measure. Consequently, there was no legal or factual basis for respondent court’s interference with the Attorney General’s exercise of his statutory duties. The Court issued the preemptory writ of mandate and continued the stay order pending finality of this decision. View "Becerra v. Super. Ct." on Justia Law

The Oregon Supreme Court dismissed this ballot title challenge without addressing the merits. The Court determined it did not have authority to consider a ballot title challenge if the underlying initiative measure had not satisfied all the statutory prerequisites for obtaining a ballot title in the first place. View "Unger v. Rosenblum" on Justia Law

Appellant Troy Wesley lost the Democratic primary election for Mississippi’s Washington County District 3 Supervisor on August 4, 2015. He subsequently petitioned the circuit court to request a new election, alleging that numerous irregularities had invalidated the former election. After a hearing on the matter, the Washington County Circuit Court granted summary judgment to defendants Carl McGee and the Washington County Democratic Executive Committee. Wesley appealed to the Mississippi Supreme Court. During its review, the Court found Wesley cited no discrepancy in the original vote totals and instead focused his arguments on procedural problems, including an alleged lack of ballot-box security. “While the failure to maintain ballot-box security is a serious issue worthy of reprimand,” the Supreme Court found Wesley’s arguments were insufficient to raise a genuine issue of material fact and that summary judgment was properly entered in favor of the defendants. View "Wesley v. Washington Cty. Democratic Exec. Committee" on Justia Law

Petitioners sought review of the ballot title prepared for Referendum Petition (RP) 301 (2018). Among other things, that bill created a new Health System Fund, which would pay the cost of administering a new Oregon Reinsurance Program, provide additional funding for medical assistance and health services to low-income individuals and families under ORS chapter 414, and make other payments. The bill then imposed temporary, two-year assessments on insurance premiums or premium equivalents received by insurers (section 5(2)), managed care organizations (section 9(2)), and the Public Employees’ Benefit Board (section 3(2)), that would be paid into the State Treasury and credited to the fund. Petitioners contended the caption, the “yes” and “no” result statements, and the summary did not comply with requirements set out in ORS 250.035(2). The Oregon Supreme Court reviewed the ballot title to determine whether it substantially complied with those requirements. The Court agreed with some of petitioners’ contentions, but disagreed with others, concluding that each part of the ballot title required modification. View "Parrish v. Rosenblum" on Justia Law

Sheriel Perkins lost the 2013 Greenwood mayoral race by 206 votes. She filed an election contest against the winner, Mayor Carolyn McAdams. In her complaint, Perkins alleged illegal voting and fraud. But at trial, the only evidence she produced was that fifty-two absentee ballots were wrongly counted and one absentee ballot and nine affidavit ballots were wrongly rejected. Her other claims of illegal voting and fraud had no evidentiary support. Thus, the trial court granted McAdams’s motion for a directed verdict and entered a judgment in McAdams’s favor. Perkins appealed; however, the contested mayoral term ended June 30, 2017. So her appeal was made moot by the time of this opinion. Conceding mootness, Perkins still insisted the Mississippi Supreme Court should consider the merits of her illegal-voting claim under the public-interest exception to the mootness doctrine. The Supreme Court found Perkins presented no evidence that anyone voted illegally in a precinct outside of his or her residence. Rather, according to her own witnesses, it was the election materials - not the voters - that ended up in the wrong precincts. And Mississippi statutory law was clear that misdelivery of election materials would not prevent the holding of an election. "Instead, poll managers should provide a suitable substitute procedure, which is exactly what occurred here." The Court therefore dismissed Perkins' appeal as moot. View "Perkins v. McAdams" on Justia Law