Justia Civil Procedure Opinion Summaries

Petitioners who pursue the recall of a local school board member under the Recall Act are entitled to the procedural protections of the New Mexico statute prohibiting strategic litigation against public participation (Anti-SLAPP statute). This dispute arose out of a malicious abuse of process claim made by Taos school board member Arsenio Cordova (Cordova) against eighteen members of an unincorporated citizens’ association (collectively, Petitioners) following their efforts to remove Cordova from office under the Local School Board Member Recall Act (Recall Act). The New Mexico Supreme Court concluded that petitioners were entitled to immunity under the Noerr-Pennington doctrine when they exercise their right to petition unless the petitioners: (1) lacked sufficient factual or legal support; and (2) had a subjective illegitimate motive for exercising their right to petition. View "Cordova v. Cline" on Justia Law

Tasha Dillon contested the results of the August 4, 2015, Democratic primary for Mississippi House of Representatives (“House”) District 98. The Pike County Circuit Court dismissed the case for lack of subject-matter jurisdiction. Dillon appealed. Finding that the circuit court erred in finding it lacked jurisdiction, the Supreme Court reversed and remanded for further proceedings. View "Dillon v. Myers" on Justia Law

White County parents formed the Association for Accurate Standards in Education (AASE) to oppose another group advocating for removal of a social studies textbook that includes discussion of Islam. Eight part-time volunteers comprise AASE. It does not have a separate bank account and does not keep regular records. Five or six people have donated to AASE. No individual donation has exceeded $200; total donations have not reached $500. Seats on the Board of Education were up for election in 2016. AASE parents wanted to support and oppose candidates through AASE. They did not want AASE to make direct campaign contributions, but wanted AASE to spend less than $250 on independent expenditures, including yard signs, stickers, and brochures. They learned that the Tennessee Registry of Election Finance had fined Williamson Strong, an unincorporated group that disseminates information about candidates and issues in Williamson County, $5,000 for failing to certify a treasurer or file financial disclosure statements under Tenn. Code 2-10-102(12)(A), which defines a political campaign committee as: A combination of two or more individuals . . . to support or oppose any candidate. They sued the Registry’s officials in their official capacities under 42 U.S.C. 1983, claiming that the Act violates their First Amendment, equal protection, and due process rights. The district court stayed the case pending the outcome of the state administrative proceedings in the Williamson Strong case. The Sixth Circuit reversed. Abstention was improper in this case, in light of the Act’s alleged chilling effects. View "Jones v. Coleman" on Justia Law

Petitioner and Albuquerque resident David Crum was registered to vote in New Mexico as a qualified voter who declined to designate or state his political party affiliation (DTS). He sought to vote during the 2014 primary election by selecting either a Democratic or a Republican ballot without having to amend his voter registration. Crum was not permitted to vote during the June 3, 2014 primary election because he was not registered as either a Democrat or a Republican1 on or before May 6, 2014. Crum contended that the Free and Open Clause of Article II, Section 8 of the New Mexico Constitution entitled him to vote during primary elections without registering with a major political party because he was a qualified voter under Article VII, Section 1. The Supreme Court disagreed: “[a]lthough the Free and Open Clause is intended to promote voter participation during elections, the Legislature has the constitutional power to enact laws that ‘secure the secrecy of the ballot and the purity of elections and guard against the abuse of [the] elective franchise.’” The Supreme Court therefore affirmed the district court’s dismissal of Crum’s complaint for failing to state a claim upon which relief could be granted. View "Crum v. Duran" on Justia Law

Appellants brought this action just weeks before the 2016 general election seeking to compel the State Board of Elections and the Baltimore City Board of Elections (collectively, Appellees) to establish a special system for “inmate voting” in the City for the general election. The circuit court denied the request for a broadly worded temporary restraining order (TRO), concluding that the complaint had been untimely filed. One day before the 2016 general election, the expedited appeal was argued before the Court of Appeals. The Court of Appeals dismissed the appeal as moot, holding that even if the Court were to find that Appellants were entitled to a TRO with respect to the 2016 general election, there was no way such an order could have been implemented as a practical matter. View "Voters Organized for the Integrity of City Elections v. Baltimore City Board of Elections" on Justia Law

Roque “Rocky” De La Fuente submitted a nomination petition to the Georgia Secretary of State Brian Kemp, seeking to have his name placed upon the ballot for the 2016 general election as an independent candidate for President of the United States. That same day, De La Fuente also filed notices of candidacy for his slate of presidential electors. The Secretary of State rejected the notices of candidacy because they were submitted eleven days after the deadline set forth in OCGA 21-2-132 (d) (1). The Secretary of State also rejected the nomination petition, finding that the counties had verified only 2,964 of the signatures submitted with the petition, a number far short of the 7,500 verified signatures needed to validate the petition pursuant to a recent federal court order. After a superior court dismissed De La Fuente's subsequent lawsuit, the matter was appealed to the Georgia Supreme Court. Finding no reversible error in the superior court's judgment, the Supreme Court affirmed dismissal of De La Fuente's suit. View "De La Fuente v. Kemp" on Justia Law

Plaintiffs brought an action against the Virginia State Board of Elections, the Department of Elections, and various officers in their official capacities, alleging that eleven districts were unconstitutional and seeking to enjoin the use of the current district map in future elections. Subpoenas duces tecum were served upon several members of the General Assembly (the Virginia Senators) and the Division of Legislative Services (DLS) demanding production of certain documents and communications. Claiming legislative privilege, the Virginia Senators and DLS (collectively, Appellants) filed motions to quash. The circuit court denied the motion to quash, holding that the legislative privilege does not extend to DLS or to documents and communications between members of the General Assembly and consultants, DLS, or other third parties. When Appellants refused to comply with the production order, the court held Appellants in civil contempt. The Supreme Court vacated the portion of the order holding Appellants in contempt, holding that the circuit court abused its discretion by holding Appellants in contempt because the material sought in the subpoenas duces tecum were protected by the legislative privilege. View "Edwards v. Vesilind" on Justia Law

Nichols is a resident, property owner, and taxpayer in the City of Rehoboth Beach, Delaware. Rehoboth Beach held a special election, open to residents of more than six months, for approval of a $52.5 million bond issue to finance an ocean outfall project. The resolution passed. Nichols voted in the election. She then filed suit challenging the election and the resultant issuance of bonds. The district court, reasoning that Nichols was not contesting the expenditure of tax funds, but the legality of the Special Election; found that Nichols, having voted, lacked standing; and dismissed. The Third Circuit affirmed, stating that because Nichols failed to show an illegal use of municipal taxpayer funds, she cannot establish standing on municipal taxpayer grounds. The court rejected her claims of municipal taxpayer standing on the basis of two expenditures by Rehoboth Beach: the funds required to hold the special election and the funds used to purchase an advertisement in a local newspaper. View "Nichols v. City of Rehoboth Beach" on Justia Law

An anonymous caller to the district court clerk’s office complained that an accident might make it difficult for voters to reach the polls before they closed on Ohio’s March 15 primary election. That office relayed the call to a judge, who orally directed the clerk to enter an order: This matter is before the court upon an oral complaint requesting that the polling locations within the counties of Butler, Clermont, Hamilton and Warren be extended for one hour due to Interstate I-275 being closed for hours due to a fatal accident. The request is hereby GRANTED and the Secretary of State is hereby ordered to keep the polling locations within the counties of Butler, Clermont, Hamilton and Warren open until 8:30 p.m. The call from the clerk’s office went to the cell phone voicemail of Assistant Secretary of State Damschroder. Damschroder got the message, but the polls had closed minutes earlier and had to try to reopen; “some polls were open and others were not.” No complaint preceded the order; none materialized after. Seeking to avoid similar last-minute election orders, the Ohio Secretary of State and boards of elections appealed. The Sixth Circuit vacated and remanded for dismissal for lack of subject matter jurisdiction, citing Article III limitations. View "In re: 2016 Primary Election" on Justia Law

The Seventh Circuit denied petitions for initial hearing en banc in appeals concerning Wisconsin’s law requiring voters to have qualifying photo identification. The court noted that Wisconsin will start printing absentee ballots this month and that it is unlikely that qualified electors will be unable to vote under Wisconsin’s current procedures. The state had assured the court that temporary credentials will be available to all qualified persons who seek them. Wisconsin has enacted a rule that requires the Division of Motor Vehicles to mail automatically a free photo ID to anyone who comes to DMV one time and initiates the free ID process. No one must present documents, that, for some, have proved challenging to acquire; no one must show a birth certificate, or proof of citizenship, so the urgency needed to justify an initial en banc hearing has not been shown. The state adequately informed the general public of the plan and the district court​ has the authority to monitor compliance. View "One Wis. Inst., Inc. v. Thomsen" on Justia Law