court decisions
A century-old Nebraska rule for initiative qualification has been struck down as unconstitutional by US District Court Judge Joseph F. Bataillon. The provision required signatures from “5% of registered voters of each of the 2/5ths of the counties in the state.” This meant that petitions for ballot measures were required to be circulated in at least 38 of the 93 counties in the Cornhusker State.
The plaintiff in the case, Kent Bernbeck, brought the suit claiming that under the now defunct rule, rural voters counted for more than voters in more urban areas.
“The court finds that the facts presented in this case show clearly that urban votes are diluted under the Nebraska Constitution,” the judge stated in his opinion.
The possibility exists that two rival gun initiatives in Washington, diametrically opposed to the other, could both prevail in November and throw one heck of a monkey wrench into resolving the contentious issue of whether the state will impose background checks on all guns sales.
Initiative 594 would require background checks for all gun sales and transfers in Washington state, including at gun shows and for private sales. Under the measure, some exemptions would exist, including gifts within a family and antiques. Supporters have now raised more than $7.3 million.
Read More: here
he Nevada Supreme Court on Monday ruled that six citizens who filed three ballot initiative petitions in 2010 cannot be sued by Boulder City, which challenged the validity of the issues.
The court ruled that the citizens are protected by law and sent the case back to District Court to determine how much Boulder City must pay for legal costs incurred by the petitioners.
They had gathered signatures to place on the 2010 ballot initiative petitions to require the City Council to get voter approval before going into debt of $1 million or more; limit the terms of members of city commissions and committees to 12 years; and limit the city to one municipal golf course.
A sharply divided Florida Supreme Court on Monday cleared the way for voters to decide this fall whether Florida will join 20 other states in allowing the use of medical marijuana.
The 4-3 decision upheld the ballot language for the constitutional amendment, rejecting arguments from Attorney General Pam Bondi, legislative leaders and law enforcement officials who contended the proposal was misleading and, if approved by 60 percent of the voters, would lead to widespread marijuana use in the state.
Read More: here
Efforts to halt a proposed light rail system via the initiative in Vancouver, Washington, have been thwarted by the city, and now the city’s actions have been upheld in court. Superior Court Judge John Nichols’ ruled the City of Vancouver could lawfully block the initiative from the ballot because the proposed measure’s attempt to restrict the city from following the mandates of a state light rail project went “beyond the initiative power.”
“Stated another way,” Judge Nichols wrote in his opinion, “the people cannot deprive the city legislative authority of the power to do what the constitution and/or a state statute specifically permit it to do.”
The parking lease opponents who sued the city of Cincinnati to stop it from leasing parking meters, lots and garages plan to appeal the decision and ask the appellate court for a stay to stop the city from signing the lease.parking meter
Curt Hartman, a lawyer for the group, says he plans to email the 1st District Court of Appeals tonight or early tomorrow morning.
The 4th Circuit unanimously upheld a lower federal court’s decision declaring Virginia’s residency requirement for petition circulators unconstitutional. The challenge was brought by the Libertarian Party of Virginia; the case is Libertarian Party of Virginia v. Judd.
The three judge panel joins recent 6th, 9th and 10th federal Circuit Courts of Appeal, which have also unanimously overturned residency requirements for those circulating petitions.
The Florida Supreme Court ruled yesterday to strike down a law allowing voters to revoke their signatures after they sign a petition. The case against the law was filed by supporters of the Florida Hometown Democracy Amendment.