Articles Posted in Election Law

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The Smoke Free Committee sought to subject a 2013 Casper City ordinance governing smoking in public places to a referendum vote. The City Clerk determined that the referendum was sixty-one valid signatures short. Plaintiff filed a complaint seeking declaratory and injunctive relief and challenging the City Clerk’s determination. The district court entered an oral ruling in favor of Plaintiff. The Supreme Court affirmed in part and reversed in part, holding (1) the district court had jurisdiction to consider Plaintiff’s declaratory judgment action; (2) the district court did not err in interpreting Wyo. Stat. Ann. 22-23-1005 and related statutes concerning who is a qualified elector registered in a city for purposes of a municipal ordinance referendum petition; and (3) the district court went beyond the realm of declaratory judgment by finding that the City Clerk acted arbitrarily and capriciously in conducting the petition review as he did. View "City of Casper v. Holloway" on Justia Law

Posted in: Election Law

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Plaintiff, the secretary of state, filed a declaratory judgment action challenging the constitutionality of Wyoming's term limit statute. Plaintiff contended that the statute was prevented from exercising his constitutional right to seek a third term as secretary of state. The State retorted that Plaintiff's complaint did not present a justiciable controversy and, in any event, the statute was constitutional. The Supreme Court accepted certification of the issues from the district court and held (1) Plaintiff's complaint satisfied the four elements necessary to establish a justiciable controversy; and (2) the statute limiting the term limit for statewide elected officials is unconstitutional with respect to the offices of secretary of state, auditor, treasurer, and superintendent of public instruction, and the qualifications for those offices provided by the Wyoming Constitution are exclusive. View "Maxfield v. State" on Justia Law