Ohio Supreme Court decision, issued Sept. 13, 2016, that rules frack ban ballot measures in three Ohio counties (Athens, Meigs and Portage) were properly tossed off the November 8 ballot. The justices upheld the right of the Secretary of State and local boards of elections for disallowing the measures. This is the second year in a row that the OH Supreme Court has ruled frack ban (so called "home rule") measures could be blocked from the ballot.
The twelfth amendment to the united states constitutionMark Klopfenstein
The 12th Amendment to the US Constitution, passed in 1804, made three key changes to Presidential elections:
1) Electors vote separately for President and Vice President on distinct ballots instead of two votes for President.
2) It requires a candidate to receive a majority of electoral votes to avoid having the House of Representatives decide the election.
3) If no candidate gets a majority, the House chooses the President and the Senate chooses the Vice President.
The document is a transcription of the original US Constitution. It establishes the structure of the United States government with three branches - legislative, executive, and judicial. The legislative branch is comprised of Congress which has two chambers, the House of Representatives and the Senate. Representatives are elected every two years by citizens and senators are elected by state legislatures for six year terms. The Constitution outlines the powers granted to Congress and limitations on federal and state governments.
The Constitution establishes the legislative branch of the US government, known as Congress, which is made up of the Senate and House of Representatives. It outlines the composition and election process for both chambers, as well as their powers and responsibilities. These include the ability to create laws, approve the federal budget, declare war, and impeach and remove the president from office. The Constitution also establishes the basic framework for how legislation is passed and how the president can veto bills.
The Constitution establishes the legislative branch of the US government, known as Congress, which is made up of the Senate and House of Representatives. It outlines the composition and election process for both chambers, as well as their powers and responsibilities. These include the ability to create laws, approve the federal budget, declare war, and impeach and remove the president or other federal officials from office. The Constitution also establishes the basic framework for how legislation is passed and how the executive branch, through the president, can veto bills.
This document is the United States Constitution. It establishes the structure and principles of the US federal government. The preamble states that the purpose is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure liberty. The constitution is then divided into articles that describe the branches of government and their powers and limitations. Article I establishes the legislative branch including a bicameral Congress with a House of Representatives and Senate. Article II creates the executive branch and establishes the office of President. Article III creates the judicial branch and the federal court system.
This document outlines procedures for government departments to disclose addresses to assist with:
1) Tracing addresses of individuals to enforce financial orders or obtain child custody
2) Tracing missing children or individuals they may be with for child abduction cases
It provides guidance on the information to include in requests and which departments may have relevant records, such as the Department of Social Security, National Health Service, Passport Office, and Ministry of Defence.
This document discusses the Supreme Court's decision in S.R. Bommai v. Union of India regarding judicial review of Article 356 of the Indian Constitution, which allows for President's rule in states. It summarizes the views of various High Courts that presidential proclamations under Article 356 are not justiciable. However, the Supreme Court in State of Rajasthan v. Union of India established a narrow scope for judicial review, rejecting that such issues are purely political questions and establishing that presidential satisfaction is subjective but courts can review for mala fides or extraneous factors.
National Company Law Appellate Tribunal Rules, 2016GAURAV KR SHARMA
The document outlines rules related to the National Company Law Tribunal in India. It begins by providing definitions for key terms related to tribunal procedures. It then outlines rules regarding sitting hours, filing documents, the roles of the President, Registrar and Secretary of the tribunal, and procedures for instituting proceedings, petitions, appeals and more. In summary:
1) It defines terms related to tribunal procedures and outlines rules for sitting hours, filing documents, and instituting proceedings.
2) It describes the functions of the President, Registrar and Secretary, including the President overseeing operations and the Registrar handling registrations and applications.
3) It provides details on how to file appeals,
The twelfth amendment to the united states constitutionMark Klopfenstein
The 12th Amendment to the US Constitution, passed in 1804, made three key changes to Presidential elections:
1) Electors vote separately for President and Vice President on distinct ballots instead of two votes for President.
2) It requires a candidate to receive a majority of electoral votes to avoid having the House of Representatives decide the election.
3) If no candidate gets a majority, the House chooses the President and the Senate chooses the Vice President.
The document is a transcription of the original US Constitution. It establishes the structure of the United States government with three branches - legislative, executive, and judicial. The legislative branch is comprised of Congress which has two chambers, the House of Representatives and the Senate. Representatives are elected every two years by citizens and senators are elected by state legislatures for six year terms. The Constitution outlines the powers granted to Congress and limitations on federal and state governments.
The Constitution establishes the legislative branch of the US government, known as Congress, which is made up of the Senate and House of Representatives. It outlines the composition and election process for both chambers, as well as their powers and responsibilities. These include the ability to create laws, approve the federal budget, declare war, and impeach and remove the president from office. The Constitution also establishes the basic framework for how legislation is passed and how the president can veto bills.
The Constitution establishes the legislative branch of the US government, known as Congress, which is made up of the Senate and House of Representatives. It outlines the composition and election process for both chambers, as well as their powers and responsibilities. These include the ability to create laws, approve the federal budget, declare war, and impeach and remove the president or other federal officials from office. The Constitution also establishes the basic framework for how legislation is passed and how the executive branch, through the president, can veto bills.
This document is the United States Constitution. It establishes the structure and principles of the US federal government. The preamble states that the purpose is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure liberty. The constitution is then divided into articles that describe the branches of government and their powers and limitations. Article I establishes the legislative branch including a bicameral Congress with a House of Representatives and Senate. Article II creates the executive branch and establishes the office of President. Article III creates the judicial branch and the federal court system.
This document outlines procedures for government departments to disclose addresses to assist with:
1) Tracing addresses of individuals to enforce financial orders or obtain child custody
2) Tracing missing children or individuals they may be with for child abduction cases
It provides guidance on the information to include in requests and which departments may have relevant records, such as the Department of Social Security, National Health Service, Passport Office, and Ministry of Defence.
This document discusses the Supreme Court's decision in S.R. Bommai v. Union of India regarding judicial review of Article 356 of the Indian Constitution, which allows for President's rule in states. It summarizes the views of various High Courts that presidential proclamations under Article 356 are not justiciable. However, the Supreme Court in State of Rajasthan v. Union of India established a narrow scope for judicial review, rejecting that such issues are purely political questions and establishing that presidential satisfaction is subjective but courts can review for mala fides or extraneous factors.
National Company Law Appellate Tribunal Rules, 2016GAURAV KR SHARMA
The document outlines rules related to the National Company Law Tribunal in India. It begins by providing definitions for key terms related to tribunal procedures. It then outlines rules regarding sitting hours, filing documents, the roles of the President, Registrar and Secretary of the tribunal, and procedures for instituting proceedings, petitions, appeals and more. In summary:
1) It defines terms related to tribunal procedures and outlines rules for sitting hours, filing documents, and instituting proceedings.
2) It describes the functions of the President, Registrar and Secretary, including the President overseeing operations and the Registrar handling registrations and applications.
3) It provides details on how to file appeals,
Elaich module 6 topic 6.1 - Tourism and monumentselaich
This document discusses the impact of tourism on cultural heritage sites and monuments. It describes how tourism has become a major global phenomenon that places pressure on cultural sites through large visitor numbers. International organizations have developed charters to promote more sustainable cultural tourism. Circuits and cultural routes are examined as alternatives to mass tourism. The case of Greece is presented, highlighting some of its major archaeological sites that are central to tourism. There is a need for management plans to regulate visitor numbers and infrastructure at cultural properties to minimize negative impacts from tourism.
Alimos in Athens boat charter. Location, map, berths, VHF, base manager, access, airport, transfer, supplies and provisioning, electricity, water, postal offices, banks, near hotels, sights
The document discusses various issues facing Athens, Greece, including mobility problems, limited public transportation efficiency, high levels of bureaucracy, an aging population, negative economic impacts, and environmental pollution. It also outlines some positive developments, such as increased cultural events and citizen initiatives, major redevelopment projects, and a growing startup culture and innovation competitions. While Athens faces challenges, the document suggests it is working to become a smarter city through urban regeneration efforts, entrepreneurship, and cultural and technological development.
Elaich module 4 topic 4.5 - Requirements for compatible materialselaich
ELAICH - Educational Linkage Approach in Cultural Heritage.
For more information and presentations, please visit: http://elaich.technion.ac.il/
Requirements for compatible materials and conservation interventions
The Venice Charter from 1964 established principles for historic preservation that focused on physical fabric, original documents, and distinguishing modern additions. It advocated safeguarding structures as works of art and evidence of history. In contrast, the Burra Charter developed in Australia in the late 20th century emphasized cultural significance, intangible values, and allowing for respectful adaptive reuse. It established a process of identifying cultural significance through research and establishing a statement of significance to guide preservation, rehabilitation, and interpretation.
The document discusses several key conservation charters:
1. UNESCO promotes conservation through conventions that member states adopt to influence conservation internationally.
2. The Council of Europe seeks to foster heritage protection among its 32 member countries and others.
3. ICOMOS, founded in 1965, advises UNESCO and has issued several influential charters on conservation and restoration of cultural heritage sites and structures.
4. The Stirling Charter, founded in 2000, focuses on Scottish built heritage and works closely with conservation standards.
The document discusses the Congrès Internationaux d'Architecture Moderne (CIAM) or International Congress of Modern Architecture, an organization of modern architects founded in 1928 that held international conferences until 1959. It highlights two important conferences - "The Functional City" in 1933 that broadened CIAM's scope from architecture to urban planning, and proposed resolving social problems through strict functional zoning and tall apartment blocks spaced far apart. Another was the controversial "Athens Charter" from 1942 that committed CIAM to rigid functional cities with citizens housed in high, spaced apartment blocks separated by green belts.
This document provides an overview of an Architectural Conservation course, including:
- The course covers conservation basics, principles, history, and practices at both the building and urban scale.
- Conservation involves maintenance and may include preservation, restoration, reconstruction, and adaptation.
- Key methods of conservation include preservation, maintenance, restoration, adaptation, and reconstruction.
- Conservation aims to retain the cultural significance of historic places and includes tangible and intangible heritage.
This document provides an overview of a lecture on architectural conservation. It defines architectural conservation as protecting the material, historical, and design integrity of built heritage through planned interventions. It discusses the different approaches of preservation, conservation, restoration, rehabilitation, and reconstruction. Techniques for conserving ancient stone structures like cleaning, consolidating, and protecting with water repellents are outlined. The criteria for selecting sites for the UNESCO World Heritage List are presented, including representing cultural or natural significance or outstanding universal value. Students are assigned to document a visited site and submit a report on a selected Indian monument on the World Heritage List.
The New Acropolis Museum in Athens, Greece houses artifacts from the Acropolis and tells the story of life there. Located near the historic site in the Makryianni district, less than 1000 feet from the Parthenon, the museum's top floor offers panoramic views. With over 8,000 square meters of exhibition space, the museum's collections are displayed chronologically and it also preserves ruins from the 4th to 7th centuries AD under the first floor.
The court reinstates its initial oral decision that two initiative petitions proposed by Defendants, the Rezoning Petition and Adoption Petition, are not eligible to be submitted to a vote by Prairie Village electors. The court analyzes the Rezoning Petition under the guidelines from McAlister v. City of Fairway and determines it is administrative in nature rather than legislative, as it impacts existing city policies and laws, requires specialized knowledge, and deals with a statewide concern of zoning authority. The court similarly finds the Adoption Petition is not legally sufficient to be submitted to a vote. The Abandonment Petition may still be submitted for a vote.
America's Founding Documents | Constitution of the United States of America I...with Wind
Interpretations and analysis of The United States Constitution made by The Roberts Court (Supreme Court), and governed by Congress, House of Representatives and the 45th Office of the United States of America.
Year: Two Thousand and Eighteen AD.
Commander in Chief: Donald J Trump (Inaugurate).
Vice President of the United States: Mike Pence.
62nd Speaker of the House of Representatives: Paul Ryan.
Republican Chief Deputy Whip: Patrick McHenry (Majority).
Senior Chief Deputy Whip: John Lewis.
17Supreme Court Cases – the right to voteJesus Mojica.docxdrennanmicah
1
7
Supreme Court Cases – the right to vote
Jesus Mojica
History 121
Ochoa
November 6, 2018
Introduction
The Shelby county V. Holder, the United States V. Reese and the Ohio voter purge are Supreme Court cases which are concerned with the voting right in the United States. The United States being a federal state has to set out different voting rights in order to ensure that the voting processes are carried out efficiently in the state. These rights also define the voting in the different nations which fall under the United States federation. The three cases are therefore related since they are concerned with voting rights in the US. The Shelby county V. holder, 570 US 2 is concerned with a voting act which was passed back in the year 1965 requiring both the state and the local governments not to pass laws or voting policies that denied the American citizens their rights to vote in accordance to race among other differences among the citizens. The Supreme Court later took the case back in the year 2012 and was decided in the year 2013.
The united states V. Reese, 92 US 214 case on the other hand is a case whereby the us supreme court went ahead and interpreted the 15th amendment of the us constitution which was mainly that the citizens should not be restricted of suffrage due to their race, color as well as the fact that one is a slave. This case therefore was mainly restrictions of voters voting rights due to their various differences from the other citizens. The Ohio voter purge supreme court case lastly is mainly about voter’s suppression. It was presented in the Supreme Court back last year due to voter purging in that removing the voter’s registrations which are termed as outdated. This paper therefore explains in detail these three cases that are highly recognized in the United States Supreme Court.
Shelby County V. Holder
As mentioned before this case is mainly regarding the appeal by the Shelby County on the voting rights act which was passed back in 1965 in the American constitution. This case dwelled on two articles in the American constitution. The first article is the section 5 of the voting rights act which requires certain states or rather counties local governments to obtain the federal clearance before changing the voting practices in their areas. The other article is the section 4(b) of the voting rights act which states the jurisdictions of the clearance process and the basis of the local government’s history on voting discrimination. This information is contained in the coverage formula in this section of the voting rights act. The district and the court of appeal courts in USA upheld the constitutionality of the two sections of the voting acts back in 2006 and 2012. The district court had reauthorized the section 5 and also the continuing of the section 4(b) coverage formula back in 2006 while the court of appeal also agreed that the section 5 was justified and the section 4(b) coverage formula continued to outdo the c.
The document summarizes the history and key provisions of the Voting Rights Act of 1965. It discusses how the Act was passed to combat racial discrimination in voting, particularly in southern states. It outlines the key sections of the Act, including Section 4(b) that defined jurisdictions subject to preclearance of voting changes (Section 5). It discusses two Supreme Court cases, Katzenbach and Northwest Austin, that upheld the Act. Finally, it provides context for the Shelby County v. Holder case that struck down Section 4(b).
SharonsDefaultJudgmentvsCitySt.Paul,MN 5 jul07ratasslegal 22Sharon Anderson
Sharon Anderson aka Peterson Scarrella decades fighting City St. Paul,MN Filing for Office to Make Government Accountable current on the MN Ballot Republican 4 MN Attorney General http://sharon4mnag.blogspot.com Civil Rights Activist Forensic Files also at http://sharon4anderson.org
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.docxwrite5
The United States Court of Appeals for the Ninth Circuit reversed the district court's decision approving the City and County of San Francisco's rescoring of promotional examinations for police officers. The court found that the city inappropriately attempted to address the examinations' adverse impact on minorities and women by rescoring the exams after seeing the results, in order to achieve certain racial and gender percentages among those promoted. This undermined the integrity and fairness of the examination process and unnecessarily trammeled the interests of nonminority candidates. The court remanded the case with instructions for the city to develop a new selection procedure that does not consider race or gender in scoring and complies with the consent decree and Title VII.
This document summarizes a Supreme Court of India judgment regarding a writ petition challenging the constitutionality of the Haryana Panchayati Raj (Amendment) Act, 2015. The key points are:
1) The petitioners challenged certain provisions added by the impugned act that disqualified people from contesting local elections if they did not meet criteria like educational qualifications, having a toilet, or paying certain bills.
2) The petitioners argued these provisions violated the right to equality under Article 14 of the Constitution by creating unreasonable restrictions on the right to contest elections and an arbitrary classification of voters.
3) The Supreme Court heard arguments from both petitioners and respondents. It then dismissed the writ petition
Awad v. ZiriaxUnless otherwise stated, you should answer in co.docxcelenarouzie
Awad v. Ziriax
Unless otherwise stated, you should answer in complete sentences, and be sure to use
correct English, spelling, and grammar. Sources must be cited in APA format.
Your response should be a minimum of four (4) double-spaced pages; refer to the
Length and Formatting instructions below for additional details.
In complete sentences respond to the following prompts:
Summarize the facts of the case;
Identify the parties and explain each party’s position;
Outline the case’s procedural history including any appeals;
What is the legal issue in question in this case?
How did the court rule on the legal issue of this case?
What facts did the court find to be most important in making its decision?
Respond to the following questions:
o Can a U.S. court enforce a clause in a contract specifying that Sharia law
will apply?
o When, if ever, should a national court look to decisions of courts in other
nations when interpreting its own nation’s constitution?
o
Do you agree or disagree with the court’s decision? If you disagree, provide an
explanation of your reasoning.
PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT MUNEER AWAD, Plaintiff - Appellee, v.
PAUL ZIRIAX, Agency Head, Oklahoma State Board of Elections, THOMAS PRINCE, Chairman of the
Board, Oklahoma State Board of Elections, STEVE CURRY, Board Member, Oklahoma State Board of
Elections, and JIM ROTH, Board Member, Oklahoma State Board of Elections, Defendants - Appellants. --
-------------------------- FOUNDATION OF MORAL LAW; THE ASSOCIATION OF THE BAR OF THE CITY OF NEW
YORK; THE ISLAMIC LAW COMMITTEE OF THE AMERICAN BRANCH OF THE INTERNATIONAL LAW
ASSOCIATION, THE AMERICAN JEWISH COMMITTEE, AMERICANS UNITED FOR SEPARATION OF CHURCH
AND STATE, THE ANTIDEFAMATION LEAGUE, THE BAPTIST JOINT COMMITTEE FOR RELIGIOUS LIBERTY,
THE CENTER FOR ISLAMIC PLURALISM, INTERFAITH ALLIANCE, AND THE No. 10-6273 FILED United States
Court of Appeals Tenth Circuit January 10, 2012 Elisabeth A. Shumaker Clerk of Court -2- UNION FOR
REFORM JUDAISM, Amici Curiae. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA (D.C. NO. 5:10-CV-01186-M) Patrick R. Wyrick, Solicitor General
(Scott D. Boughton and Janis Wood Preslar, Assistant Attorneys General, on the briefs), Office of the
Attorney General of Oklahoma, Oklahoma City, Oklahoma, appearing for Appellant. Micheal Salem,
Salem Law Offices, Norman, Oklahoma (Joseph Thai, Norman, Oklahoma; Gadeir Abbas, Council of
American Islamic Relations, Washington, DC; and Daniel Mach and Heather L. Weaver, American Civil
Liberties Union Foundation, Washington, DC, with him on the briefs), appearing for Appellee. Roy S.
Moore, Benjamin D. DuPre, and John Allen Eidsmoe, Montgomery, Alabama, filed an Amicus Curiae brief
on behalf of the Foundation of Moral Law. Robert E. Michael, Robert E. Michael & Associates, PLLC, New
York, New York, filed an Amicus Curiae brief on behalf of Associ.
Court Denies Rust Request for an Injunction to stay on the ballotAbdul-Hakim Shabazz
A Marion County Judge has denied a request by John Rust to get back on the ballot. Rust says he will appeal his decision all the way to the U.S. Supreme Court.
Senators Specter, Smith, and Representative Andrews voted in favor of the Military Commissions Act of 2006 despite having reservations or believing parts of the bill were unconstitutional. Voting for legislation one believes to be unconstitutional violates the oath members of Congress take to uphold the Constitution. This obligation stems from their oath and the presumption that Congress does not pass intentionally unconstitutional laws. However, some argue Congress has shifted to a model where it defers questions of constitutionality to courts rather than conducting their own analysis.
Elaich module 6 topic 6.1 - Tourism and monumentselaich
This document discusses the impact of tourism on cultural heritage sites and monuments. It describes how tourism has become a major global phenomenon that places pressure on cultural sites through large visitor numbers. International organizations have developed charters to promote more sustainable cultural tourism. Circuits and cultural routes are examined as alternatives to mass tourism. The case of Greece is presented, highlighting some of its major archaeological sites that are central to tourism. There is a need for management plans to regulate visitor numbers and infrastructure at cultural properties to minimize negative impacts from tourism.
Alimos in Athens boat charter. Location, map, berths, VHF, base manager, access, airport, transfer, supplies and provisioning, electricity, water, postal offices, banks, near hotels, sights
The document discusses various issues facing Athens, Greece, including mobility problems, limited public transportation efficiency, high levels of bureaucracy, an aging population, negative economic impacts, and environmental pollution. It also outlines some positive developments, such as increased cultural events and citizen initiatives, major redevelopment projects, and a growing startup culture and innovation competitions. While Athens faces challenges, the document suggests it is working to become a smarter city through urban regeneration efforts, entrepreneurship, and cultural and technological development.
Elaich module 4 topic 4.5 - Requirements for compatible materialselaich
ELAICH - Educational Linkage Approach in Cultural Heritage.
For more information and presentations, please visit: http://elaich.technion.ac.il/
Requirements for compatible materials and conservation interventions
The Venice Charter from 1964 established principles for historic preservation that focused on physical fabric, original documents, and distinguishing modern additions. It advocated safeguarding structures as works of art and evidence of history. In contrast, the Burra Charter developed in Australia in the late 20th century emphasized cultural significance, intangible values, and allowing for respectful adaptive reuse. It established a process of identifying cultural significance through research and establishing a statement of significance to guide preservation, rehabilitation, and interpretation.
The document discusses several key conservation charters:
1. UNESCO promotes conservation through conventions that member states adopt to influence conservation internationally.
2. The Council of Europe seeks to foster heritage protection among its 32 member countries and others.
3. ICOMOS, founded in 1965, advises UNESCO and has issued several influential charters on conservation and restoration of cultural heritage sites and structures.
4. The Stirling Charter, founded in 2000, focuses on Scottish built heritage and works closely with conservation standards.
The document discusses the Congrès Internationaux d'Architecture Moderne (CIAM) or International Congress of Modern Architecture, an organization of modern architects founded in 1928 that held international conferences until 1959. It highlights two important conferences - "The Functional City" in 1933 that broadened CIAM's scope from architecture to urban planning, and proposed resolving social problems through strict functional zoning and tall apartment blocks spaced far apart. Another was the controversial "Athens Charter" from 1942 that committed CIAM to rigid functional cities with citizens housed in high, spaced apartment blocks separated by green belts.
This document provides an overview of an Architectural Conservation course, including:
- The course covers conservation basics, principles, history, and practices at both the building and urban scale.
- Conservation involves maintenance and may include preservation, restoration, reconstruction, and adaptation.
- Key methods of conservation include preservation, maintenance, restoration, adaptation, and reconstruction.
- Conservation aims to retain the cultural significance of historic places and includes tangible and intangible heritage.
This document provides an overview of a lecture on architectural conservation. It defines architectural conservation as protecting the material, historical, and design integrity of built heritage through planned interventions. It discusses the different approaches of preservation, conservation, restoration, rehabilitation, and reconstruction. Techniques for conserving ancient stone structures like cleaning, consolidating, and protecting with water repellents are outlined. The criteria for selecting sites for the UNESCO World Heritage List are presented, including representing cultural or natural significance or outstanding universal value. Students are assigned to document a visited site and submit a report on a selected Indian monument on the World Heritage List.
The New Acropolis Museum in Athens, Greece houses artifacts from the Acropolis and tells the story of life there. Located near the historic site in the Makryianni district, less than 1000 feet from the Parthenon, the museum's top floor offers panoramic views. With over 8,000 square meters of exhibition space, the museum's collections are displayed chronologically and it also preserves ruins from the 4th to 7th centuries AD under the first floor.
The court reinstates its initial oral decision that two initiative petitions proposed by Defendants, the Rezoning Petition and Adoption Petition, are not eligible to be submitted to a vote by Prairie Village electors. The court analyzes the Rezoning Petition under the guidelines from McAlister v. City of Fairway and determines it is administrative in nature rather than legislative, as it impacts existing city policies and laws, requires specialized knowledge, and deals with a statewide concern of zoning authority. The court similarly finds the Adoption Petition is not legally sufficient to be submitted to a vote. The Abandonment Petition may still be submitted for a vote.
America's Founding Documents | Constitution of the United States of America I...with Wind
Interpretations and analysis of The United States Constitution made by The Roberts Court (Supreme Court), and governed by Congress, House of Representatives and the 45th Office of the United States of America.
Year: Two Thousand and Eighteen AD.
Commander in Chief: Donald J Trump (Inaugurate).
Vice President of the United States: Mike Pence.
62nd Speaker of the House of Representatives: Paul Ryan.
Republican Chief Deputy Whip: Patrick McHenry (Majority).
Senior Chief Deputy Whip: John Lewis.
17Supreme Court Cases – the right to voteJesus Mojica.docxdrennanmicah
1
7
Supreme Court Cases – the right to vote
Jesus Mojica
History 121
Ochoa
November 6, 2018
Introduction
The Shelby county V. Holder, the United States V. Reese and the Ohio voter purge are Supreme Court cases which are concerned with the voting right in the United States. The United States being a federal state has to set out different voting rights in order to ensure that the voting processes are carried out efficiently in the state. These rights also define the voting in the different nations which fall under the United States federation. The three cases are therefore related since they are concerned with voting rights in the US. The Shelby county V. holder, 570 US 2 is concerned with a voting act which was passed back in the year 1965 requiring both the state and the local governments not to pass laws or voting policies that denied the American citizens their rights to vote in accordance to race among other differences among the citizens. The Supreme Court later took the case back in the year 2012 and was decided in the year 2013.
The united states V. Reese, 92 US 214 case on the other hand is a case whereby the us supreme court went ahead and interpreted the 15th amendment of the us constitution which was mainly that the citizens should not be restricted of suffrage due to their race, color as well as the fact that one is a slave. This case therefore was mainly restrictions of voters voting rights due to their various differences from the other citizens. The Ohio voter purge supreme court case lastly is mainly about voter’s suppression. It was presented in the Supreme Court back last year due to voter purging in that removing the voter’s registrations which are termed as outdated. This paper therefore explains in detail these three cases that are highly recognized in the United States Supreme Court.
Shelby County V. Holder
As mentioned before this case is mainly regarding the appeal by the Shelby County on the voting rights act which was passed back in 1965 in the American constitution. This case dwelled on two articles in the American constitution. The first article is the section 5 of the voting rights act which requires certain states or rather counties local governments to obtain the federal clearance before changing the voting practices in their areas. The other article is the section 4(b) of the voting rights act which states the jurisdictions of the clearance process and the basis of the local government’s history on voting discrimination. This information is contained in the coverage formula in this section of the voting rights act. The district and the court of appeal courts in USA upheld the constitutionality of the two sections of the voting acts back in 2006 and 2012. The district court had reauthorized the section 5 and also the continuing of the section 4(b) coverage formula back in 2006 while the court of appeal also agreed that the section 5 was justified and the section 4(b) coverage formula continued to outdo the c.
The document summarizes the history and key provisions of the Voting Rights Act of 1965. It discusses how the Act was passed to combat racial discrimination in voting, particularly in southern states. It outlines the key sections of the Act, including Section 4(b) that defined jurisdictions subject to preclearance of voting changes (Section 5). It discusses two Supreme Court cases, Katzenbach and Northwest Austin, that upheld the Act. Finally, it provides context for the Shelby County v. Holder case that struck down Section 4(b).
SharonsDefaultJudgmentvsCitySt.Paul,MN 5 jul07ratasslegal 22Sharon Anderson
Sharon Anderson aka Peterson Scarrella decades fighting City St. Paul,MN Filing for Office to Make Government Accountable current on the MN Ballot Republican 4 MN Attorney General http://sharon4mnag.blogspot.com Civil Rights Activist Forensic Files also at http://sharon4anderson.org
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.docxwrite5
The United States Court of Appeals for the Ninth Circuit reversed the district court's decision approving the City and County of San Francisco's rescoring of promotional examinations for police officers. The court found that the city inappropriately attempted to address the examinations' adverse impact on minorities and women by rescoring the exams after seeing the results, in order to achieve certain racial and gender percentages among those promoted. This undermined the integrity and fairness of the examination process and unnecessarily trammeled the interests of nonminority candidates. The court remanded the case with instructions for the city to develop a new selection procedure that does not consider race or gender in scoring and complies with the consent decree and Title VII.
This document summarizes a Supreme Court of India judgment regarding a writ petition challenging the constitutionality of the Haryana Panchayati Raj (Amendment) Act, 2015. The key points are:
1) The petitioners challenged certain provisions added by the impugned act that disqualified people from contesting local elections if they did not meet criteria like educational qualifications, having a toilet, or paying certain bills.
2) The petitioners argued these provisions violated the right to equality under Article 14 of the Constitution by creating unreasonable restrictions on the right to contest elections and an arbitrary classification of voters.
3) The Supreme Court heard arguments from both petitioners and respondents. It then dismissed the writ petition
Awad v. ZiriaxUnless otherwise stated, you should answer in co.docxcelenarouzie
Awad v. Ziriax
Unless otherwise stated, you should answer in complete sentences, and be sure to use
correct English, spelling, and grammar. Sources must be cited in APA format.
Your response should be a minimum of four (4) double-spaced pages; refer to the
Length and Formatting instructions below for additional details.
In complete sentences respond to the following prompts:
Summarize the facts of the case;
Identify the parties and explain each party’s position;
Outline the case’s procedural history including any appeals;
What is the legal issue in question in this case?
How did the court rule on the legal issue of this case?
What facts did the court find to be most important in making its decision?
Respond to the following questions:
o Can a U.S. court enforce a clause in a contract specifying that Sharia law
will apply?
o When, if ever, should a national court look to decisions of courts in other
nations when interpreting its own nation’s constitution?
o
Do you agree or disagree with the court’s decision? If you disagree, provide an
explanation of your reasoning.
PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT MUNEER AWAD, Plaintiff - Appellee, v.
PAUL ZIRIAX, Agency Head, Oklahoma State Board of Elections, THOMAS PRINCE, Chairman of the
Board, Oklahoma State Board of Elections, STEVE CURRY, Board Member, Oklahoma State Board of
Elections, and JIM ROTH, Board Member, Oklahoma State Board of Elections, Defendants - Appellants. --
-------------------------- FOUNDATION OF MORAL LAW; THE ASSOCIATION OF THE BAR OF THE CITY OF NEW
YORK; THE ISLAMIC LAW COMMITTEE OF THE AMERICAN BRANCH OF THE INTERNATIONAL LAW
ASSOCIATION, THE AMERICAN JEWISH COMMITTEE, AMERICANS UNITED FOR SEPARATION OF CHURCH
AND STATE, THE ANTIDEFAMATION LEAGUE, THE BAPTIST JOINT COMMITTEE FOR RELIGIOUS LIBERTY,
THE CENTER FOR ISLAMIC PLURALISM, INTERFAITH ALLIANCE, AND THE No. 10-6273 FILED United States
Court of Appeals Tenth Circuit January 10, 2012 Elisabeth A. Shumaker Clerk of Court -2- UNION FOR
REFORM JUDAISM, Amici Curiae. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA (D.C. NO. 5:10-CV-01186-M) Patrick R. Wyrick, Solicitor General
(Scott D. Boughton and Janis Wood Preslar, Assistant Attorneys General, on the briefs), Office of the
Attorney General of Oklahoma, Oklahoma City, Oklahoma, appearing for Appellant. Micheal Salem,
Salem Law Offices, Norman, Oklahoma (Joseph Thai, Norman, Oklahoma; Gadeir Abbas, Council of
American Islamic Relations, Washington, DC; and Daniel Mach and Heather L. Weaver, American Civil
Liberties Union Foundation, Washington, DC, with him on the briefs), appearing for Appellee. Roy S.
Moore, Benjamin D. DuPre, and John Allen Eidsmoe, Montgomery, Alabama, filed an Amicus Curiae brief
on behalf of the Foundation of Moral Law. Robert E. Michael, Robert E. Michael & Associates, PLLC, New
York, New York, filed an Amicus Curiae brief on behalf of Associ.
Court Denies Rust Request for an Injunction to stay on the ballotAbdul-Hakim Shabazz
A Marion County Judge has denied a request by John Rust to get back on the ballot. Rust says he will appeal his decision all the way to the U.S. Supreme Court.
Senators Specter, Smith, and Representative Andrews voted in favor of the Military Commissions Act of 2006 despite having reservations or believing parts of the bill were unconstitutional. Voting for legislation one believes to be unconstitutional violates the oath members of Congress take to uphold the Constitution. This obligation stems from their oath and the presumption that Congress does not pass intentionally unconstitutional laws. However, some argue Congress has shifted to a model where it defers questions of constitutionality to courts rather than conducting their own analysis.
This case concerns a challenge to Texas's congressional redistricting plan, which is based on total population from census data rather than eligible voter population. The plaintiffs argue this dilutes some voters' influence. The Fifth Circuit dismissed the case, finding no substantial evidence of an equal protection violation. The respondents argue precedent requires using total population and the plan's population deviations are acceptable. The Supreme Court must consider whether to require apportionment based on eligible voter population instead of total population from the census.
Elections, Parties and Interest Groups SP2020William Carder
Texas has closed primaries where voters must register with a party and can only vote in that party's primary. It uses a plurality system for general elections, where the candidate with the most votes wins regardless of percentage. The Republican Party currently holds most statewide offices and a majority in the state legislature, while Democrats control a few local offices. Political parties help organize candidates and voters but do not appear on the Texas ballot.
This document is a memorandum submitted by Plaintiffs' attorneys in support of a motion for a temporary restraining order against Defendants. It summarizes the arguments made in previous filings and addresses issues raised in the State's opposition memorandum. Specifically, it argues that the Attorney General's Opinion No. 13-1 misinterprets the meaning and intent of Article I, Section 23 of the Hawaii Constitution regarding the definition of marriage. It also argues that federal justiciability standards of an actual controversy, ripeness, and standing do not apply given that this involves a matter of great public importance under Hawaii law. The memorandum aims to demonstrate the Plaintiffs have a likelihood of success on the merits in their request for a declaratory judgment on the meaning of
This document summarizes a Supreme Court of California case regarding challenges to Proposition 8, a ballot initiative that amended the state constitution to define marriage as only between a man and a woman. The court finds that Proposition 8 constitutes a constitutional amendment, not a revision, and is therefore a valid exercise of the people's right to change the state constitution. The court explains that Proposition 8 has a narrow effect of reserving the designation of marriage for opposite-sex couples while leaving other rights of same-sex couples intact. It also finds no basis to exempt constitutional rights from modification by amendment approved by majority vote through the initiative process.
This order extends the injunction against enacting a county ordinance prohibiting genetically engineered organisms on Maui. Two state bills were introduced that could affect the case, and while those bills failed to advance, similar provisions could still be enacted this legislative session. Therefore, the court continues to stay enforcement of the ordinance until it rules on the merits of the legal challenges to the ordinance.
Wisconsin: Mailed Ballots Must Once Again Be Returned By Election Day, Court ...Baker Publishing Company
Mailed ballots in Wisconsin must be received by elections officials by election day, Nov. 3, to be counted, a federal appeals court ruled Thursday in a reversal of a previous decision that would have given extra time for ballots to be counted through Nov. 9 so long as they were postmarked by Nov. 3.
The latest ruling in the case, which may well be challenged at the US Supreme Court, means the deadline for absentee ballots to arrive remains at 8 p.m. on election day as is spelled out under state law. Judge William Conley, a federal judge in Wisconsin’s Western District, initially extended to Nov. 9 the deadline for ballots to arrive at local election clerks’ offices to account for an expected surge in mail-in ballots due to the coronavirus pandemic and anticipated mail service slowdowns caused in part by President Donald Trump and Postmaster Louis DeJoy’s intentional throttling of the US Postal Service ahead of the election.
What did you expect? It's a file!
"On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain. These cases are perfectly simple and easy to distinguish. In a free hour, when our power of choice is untrammelled and when nothing prevents our being able to do what we like best, every pleasure is to be welcomed and every pain avoided. But in certain circumstances and owing to the claims of duty or the obligations of business it will frequently occur that pleasures have to be repudiated and annoyances accepted. The wise man therefore always holds in these matters to this principle of selection: he rejects pleasures to secure other greater pleasures, or else he endures pains to avoid worse pains."
1. The document discusses key concepts of the US constitutional system including judicial review, federalism, and the relationship between national and state governments.
2. It analyzes landmark Supreme Court cases like Marbury v. Madison and McCulloch v. Maryland that established the power of judicial review and evolved understandings of federalism.
3. The document also examines how the Court addressed issues of slavery through cases involving the Fugitive Slave Clause and states' personal liberty laws.
Similar to State ex rel. Coover v. Husted, Slip Opinion No. 2016-Ohio-5794 (20)
The document summarizes five key facts about the recovery of US shale oil production:
1) Rig counts have increased by 90% since bottoming out in May 2016 and are up 30% year-over-year, signaling increased drilling and production capacity.
2) While decline rates remain steep, production profiles have increased substantially due to technological advances, meaning aggregate supply will be stronger.
3) Preliminary data shows that net new shale supply turned positive in December 2016 for the first time since March 2015, recovering just 7 months after rig counts increased.
4) Increased drilling activity is supported by a large stock of drilled but uncompleted wells, demonstrating the recovery and expansion of the shale sector.
5)
Quarterly legislative action update: Marcellus and Utica shale region (4Q16)Marcellus Drilling News
A quarterly update from the legal beagles at global law firm Norton Rose Fulbright. A quarterly legislative action update for the second quarter of 2016 looking at previously laws acted upon, and new laws introduced, affecting the oil and gas industry in Pennsylvania, Ohio and West Virginia.
An update from Spectra Energy on their proposed $3 billion project to connect four existing pipeline systems to flow more Marcellus/Utica gas to New England. In short, Spectra has put the project on pause until mid-2017 while it attempts to get new customers signed.
A letter from Rover Pipeline to the Federal Energy Regulatory Commission requesting the agency issue the final certificate that will allow Rover to begin tree-clearing and construction of the 511-mile pipeline through Pennsylvania, West Virginia, Ohio and Michigan. If the certificate is delayed beyond the end of 2016, it will delay the project an extra year due to tree-clearing restrictions (to accommodate federally-protected bats).
DOE Order Granting Elba Island LNG Right to Export to Non-FTA CountriesMarcellus Drilling News
An order issued by the U.S. Dept. of Energy that allows the Elba Island LNG export facility to export LNG to countries with no free trade agreement with the U.S. Countries like Japan and India have no FTA with our country (i.e. friendly countries)--so this is good news indeed. Although the facility would have operated by sending LNG to FTA countries, this order opens the market much wider.
A study released in December 2016 by the London School of Economics, titled "On the Comparative Advantage of U.S. Manufacturing: Evidence from the Shale Gas Revolution." While America has enough shale gas to export plenty of it, exporting it is not as economic as exporting oil due to the elaborate processes to liquefy and regassify natural gas--therefore a lot of the gas stays right here at home, making the U.S. one of (if not the) cheapest places on the planet to establish manufacturing plants, especially for manufacturers that use natural gas and NGLs (natural gas liquids). Therefore, manufacturing, especially in the petrochemical sector, is ramping back up in the U.S. For every two jobs created by fracking, another one job is created in the manufacturing sector.
Letter From 24 States Asking Trump & Congress to Withdraw the Unlawful Clean ...Marcellus Drilling News
A letter from the attorneys general from 24 of the states opposed to the Obama Clean Power Plan to President-Elect Trump, RINO Senate Majority Leader Mitch McConnel and RINO House Speaker Paul Ryan. The letter asks Trump to dump the CPP on Day One when he takes office, and asks Congress to adopt legislation to prevent the EPA from such an egregious overreach ever again.
Report: New U.S. Power Costs: by County, with Environmental ExternalitiesMarcellus Drilling News
Natural gas and wind are the lowest-cost technology options for new electricity generation across much of the U.S. when cost, public health impacts and environmental effects are considered. So says this new research paper released by The University of Texas at Austin. Researchers assessed multiple generation technologies including coal, natural gas, solar, wind and nuclear. Their findings are depicted in a series of maps illustrating the cost of each generation technology on a county-by-county basis throughout the U.S.
Annual report issued by the U.S. Energy Information Administration showing oil and natural gas proved reserves, in this case for 2015. These reports are issued almost a year after the period for which they report. This report shows proved reserves for natural gas dropped by 64.5 trillion cubic feet (Tcf), or 16.6%. U.S. crude oil and lease condensate proved reserves also decreased--from 39.9 billion barrels to 35.2 billion barrels (down 11.8%) in 2015. Proved reserves are calculated on a number of factors, including price.
The document is a report from the U.S. Energy Information Administration analyzing oil and gas production from seven regions in the U.S. It includes charts and tables showing historical and projected production levels of oil and gas from each region from 2008 to 2017, as well as metrics like the average production per rig. The regions - Bakken, Eagle Ford, Haynesville, Marcellus, Niobrara, Permian, and Utica - accounted for 92% of domestic oil production growth and all domestic natural gas production growth from 2011-2014.
Velocys is the manufacturer of gas-to-liquids (GTL) plants that convert natural gas (a hyrdocarbon) into other hydrocarbons, like diesel fuel, gasoline, and even waxes. This PowerPoint presentation lays out the Velocys plan to get the company growing. GTL plants have not (so far) taken off in the U.S. Velocys hopes to change that. They specialize in small GTL plants.
PA DEP Revised Permit for Natural Gas Compression Stations, Processing Plants...Marcellus Drilling News
In January 2016, Gov. Wolf announced the DEP would revise its current general permit (GP-5) to update the permitting requirements for sources at natural gas compression, processing, and transmission facilities. This is the revised GP-5.
PA DEP Permit for Unconventional NatGas Well Site Operations and Remote Piggi...Marcellus Drilling News
In January 2016, PA Gov. Wolf announced the Dept. of Environmental Protection would develop a general permit for sources at new or modified unconventional well sites and remote pigging stations (GP-5A). This is the proposed permit.
Onerous new regulations for the Pennsylvania Marcellus Shale industry proposed by the state Dept. of Environmental Protection. The new regs will, according to the DEP, help PA reduce so-called fugitive methane emissions and some types of air pollution (VOCs). This is liberal Gov. Tom Wolf's way of addressing mythical man-made global warming.
The monthly Short-Term Energy Outlook (STEO) from the U.S. Energy Information Administration for December 2016. This issue makes a couple of key points re natural gas: (1) EIA predicts that natural gas production in the U.S. for 2016 will see a healthy decline over 2015 levels--1.3 billion cubic feet per day (Bcf/d) less in 2016. That's the first annual production decline since 2005! (2) The EIA predicts the average price for natural gas at the benchmark Henry Hub will climb from $2.49/Mcf (thousand cubic feet) in 2016 to a whopping $3.27/Mcf in 2017. Why the jump? Growing domestic natural gas consumption, along with higher pipeline exports to Mexico and liquefied natural gas exports.
This document provides an overview of the natural gas market in the Northeast United States, including New England, New York, New Jersey, and Pennsylvania. It details statistics on gas customers, consumption, infrastructure like pipelines and storage, and production. A key point is that the development of the Marcellus Shale in Pennsylvania has significantly increased domestic gas production in the region and reduced its reliance on other supply basins and imports.
The Pennsylvania Public Utility Commission responded to each point raised in a draft copy of the PA Auditor General's audit of how Act 13 impact fee money, raised from Marcellus Shale drillers, gets spent by local municipalities. The PUC says it's not their job to monitor how the money gets spent, only in how much is raised and distributed.
Pennsylvania Public Utility Commission Act 13/Impact Fees Audit by PA Auditor...Marcellus Drilling News
A biased look at how 60% of impact fees raised from PA's shale drilling are spent, by the anti-drilling PA Auditor General. He chose to ignore an audit of 40% of the impact fees, which go to Harrisburg and disappear into the black hole of Harrisburg spending. The Auditor General claims, without basis in fact, that up to 24% of the funds are spent on items not allowed under the Act 13 law.
The final report from the Pennsylvania Dept. of Environmental Protection that finds, after several years of testing, no elevated levels of radiation from acid mine drainage coming from the Clyde Mine, flowing into Ten Mile Creek. Radical anti-drillers tried to smear the Marcellus industry with false claims of illegal wastewater dumping into the mine, with further claims of elevated radiation levels in the creek. After years of testing, the DEP found those allegations to be false.
FERC Order Denying Stay of Kinder Morgan's Broad Run Expansion ProjectMarcellus Drilling News
The Federal Energy Regulatory Commission denied a request to stay the authorization of Tennessee Gas Pipeline Company's Broad Run Expansion Project. The Commission found that the intervenors requesting the stay did not demonstrate they would suffer irreparable harm if the project proceeded. Specifically, the Commission determined that the environmental impacts to forest and a nearby animal rehabilitation center would be insignificant. Additionally, conditioning authorization on future permits did not improperly encroach on state authority. Therefore, justice did not require granting a stay.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
State ex rel. Coover v. Husted, Slip Opinion No. 2016-Ohio-5794
1. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State
ex rel. Coover v. Husted, Slip Opinion No. 2016-Ohio-5794.]
NOTICE
This slip opinion is subject to formal revision before it is published in an
advance sheet of the Ohio Official Reports. Readers are requested to
promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65
South Front Street, Columbus, Ohio 43215, of any typographical or other
formal errors in the opinion, in order that corrections may be made before
the opinion is published.
SLIP OPINION NO. 2016-OHIO-5794
THE STATE EX REL. COOVER ET AL. v. HUSTED ET AL.
[Until this opinion appears in the Ohio Official Reports advance sheets, it
may be cited as State ex rel. Coover v. Husted, Slip Opinion No.
2016-Ohio-5794.]
Elections—Mandamus—County-charter petitions—Secretary of state and boards
of elections did not violate relators’ constitutional rights by examining
proposed county charters to determine whether they satisfied threshold
requirements of Article X, Section 3 of Ohio Constitution for inclusion on
ballot—Secretary and boards did not abuse discretion in determining that
proposed charters did not satisfy threshold requirements of Article X,
Section 3—Writ denied.
(No. 2016-1247—Submitted September 7, 2016—Decided September 13, 2016.)
IN MANDAMUS.
_________________
2. SUPREME COURT OF OHIO
2
Per Curiam.
{¶ 1} This is an expedited election case in which relators seek a writ of
mandamus requiring respondents, Secretary of State Jon Husted and the boards of
elections of Athens, Meigs, and Portage Counties (“the boards of elections”),1
to
place proposed charters for those counties on the ballot at the November 8, 2016
general election. We hold that relators are not entitled to the writ.
Factual and procedural history
{¶ 2} Relators are members of the committees that filed petitions under
Article X, Section 3 of the Ohio Constitution and R.C. 307.94 proposing the
adoption of county charters in Athens, Meigs, and Portage Counties.2
{¶ 3} Each of the boards of elections reviewed the petition filed in its county
to determine its validity and whether it contained sufficient signatures. Though
determining that the petitions contained sufficient signatures, the boards
unanimously rejected the petitions as invalid. Relators filed a timely protest of each
of these decisions pursuant to R.C. 307.95(B). On August 15, 2016, Secretary
Husted issued a single decision denying all three protests and instructing the boards
not to place the proposed charters on the ballot.
{¶ 4} On August 19, 2016, relators initiated this action as an expedited
election matter pursuant to S.Ct.Prac.R. 12.08. They seek a writ of mandamus
requiring Secretary Husted and the boards of elections to place the proposed
charters on the ballot.
1
The Athens County Board of Elections includes Helen Walker, Kate McGuckin, Ken Ryan, and
Aundrea Carpenter-Colvin. The Meigs County Board of Elections includes Charles E. Williams,
David W. Fox, Rita Slavin, and James V. Stewart. The Portage County Board of Elections includes
Craig M. Stephens, Patricia Nelson, Andrew Manning, and Doria Daniels.
2
Virginia L. Coover, John Howell, Richard McGinn, Michael H. Rowe, and Sally Jo Wiley are
members of the committee that filed the Athens County petition. Dennis J. Sargent, Kathy Lynn
Sargent, Gregory D. Howard, and Marsha Nagy Whitton are members of the committee that filed
the Meigs County petition. Kathleen M. Schumann, Gwen B. Fischer, Bradford Brotje, JoEllen
Armstrong, and Sandra Engle are members of the committee that filed the Portage County petition.
3. January Term, 2016
3
Summary of the issues
{¶ 5} The Athens County Board of Elections rejected the Athens County
committee’s petition because it failed to alter the form of government, failed to vest
powers from the municipalities and townships with the county, and relied on the
Revised Code to determine the qualifications and salaries of elected officials. The
Meigs County and Portage County boards of elections rejected the petitions filed
in their counties because they failed to provide for a county executive under R.C.
302.02.
{¶ 6} In denying relators’ protests, Secretary Husted reasoned that the
petitions were invalid because the proposed charters failed to provide for the
performance of all duties imposed on county officers. He also indicated that while
the petitions could be interpreted as attempting to establish an alternative form of
government under R.C. Chapter 302, the proposed charters failed to provide for
either an elective or appointive county executive. He now argues that the petitions
are invalid because the proposed charters do not include the information required
under Article X, Section 3 of the Ohio Constitution to constitute a valid county
charter.
{¶ 7} Relators contend that the secretary of state’s and the boards of
elections’ pre-election examination of the content of the proposed charters violated
their constitutional rights; alternatively, they argue that the secretary of state and
the boards of elections abused their discretion in conducting the pre-election
review. They contend that the proposed charters do include a form of government
and do provide for the exercise of all necessary powers and duties.
Legal analysis
Pre-election review of the proposed charters
{¶ 8} Article X, Section 3 of the Ohio Constitution requires a county charter
to set forth certain information.
4. SUPREME COURT OF OHIO
4
Every such charter shall provide the form of government of the
county and shall determine which of its officers shall be elected and
the manner of their election. It shall provide for the exercise of all
powers vested in, and the performance of all duties imposed upon
counties and county officers by law.
{¶ 9} We have previously determined that it is within the secretary of state’s
discretion to determine whether a proposed county charter is invalid on the ground
that it does not set forth the form of government, “which is the sine qua non of a
valid charter initiative.” State ex rel. Walker v. Husted, 144 Ohio St.3d 361, 2015-
Ohio-3749, 43 N.E.3d 419, ¶ 24. Similarly, the county boards of elections have the
authority “to review, examine, and certify ‘the sufficiency and validity of
petitions.’ ” Id. at ¶ 11, quoting R.C. 3501.11(K).
{¶ 10} Relators, however, claim that permitting any pre-election review of
the content of their proposed charters violates their First Amendment rights and ask
us to overturn Walker “to the extent that it authorizes pre-election review of the
substance of the Charters at issue.”
{¶ 11} Walker, however, does not stand for the proposition that the
secretary of state or a board of elections may conduct a substantive review of the
content of a proposed charter; instead, Walker recognizes the authority of election
officials to determine whether a charter initiative meets the threshold requirements
for inclusion on the ballot. Here, as in Walker, the boards of elections and the
secretary of state invalidated the petitions on the grounds that the proposed charters
failed to set forth the information required under Article X, Section 3 of the Ohio
Constitution. Their determinations were consistent with our prior decisions
authorizing election officials to determine whether a proposal exceeds the scope of
the authority under which it is placed on the ballot. See, e.g., State ex rel. Choices
for South-Western City Schools v. Anthony, 108 Ohio St.3d 1, 2005-Ohio-5362, 840
5. January Term, 2016
5
N.E.2d 582 (determining that the board of elections did not abuse its discretion by
refusing to place an attempted levy repeal on the ballot under a statutory provision
authorizing ballot measures for levy reductions).
{¶ 12} Relators further contend that the secretary of state and the boards of
elections violated another fundamental right—an asserted right to local self-
government—by imposing requirements on a county charter petition. However,
we are reluctant to consider the broader application of Article X, Section 3 in the
context of this expedited mandamus case, which seeks to place specific proposals
on the ballot. Relators have failed to persuasively demonstrate why we should
recognize a new fundamental right in the current proceeding.
{¶ 13} Moreover, there is no indication that the boards of elections or the
secretary of state attempted to thwart the principles of local self-government. They
did not deny relators the right to establish a charter form of county government;
instead, they merely examined the charter initiatives to determine whether they met
the threshold requirements for inclusion on the ballot.
{¶ 14} Pursuant to Walker, the secretary of state and the boards of elections
did not violate relators’ constitutional rights by examining the proposed county
charters to determine whether they included the information required under Article
X, Section 3 to constitute a valid charter initiative.
Validity of the petitions under Article X, Section 3
{¶ 15} In support of his decision denying relators’ protests, Secretary
Husted argues that the proposed charters were deficient for failing to provide for
the exercise of “all powers” vested in, and for failing to provide for the performance
of “all duties” imposed upon, counties and county officers. The boards of elections
of Athens and Portage Counties similarly contend that the proposed charters failed
to adequately provide for the exercise of these powers and the performance of these
duties.
6. SUPREME COURT OF OHIO
6
{¶ 16} The proposed charters include broad language ostensibly fulfilling
this requirement. Other than the name of the specified county, the language in all
three proposals is identical. The relevant charter language states:
The County * * * is responsible within its boundaries for the
exercise of all powers vested in, and the performance of all duties
imposed upon, counties and County officers by general law * * *.
* * *
When not prescribed by the Charter or by amendment to this
Charter, by local law enacted by the County Commissioners, or by
local law enacted by the people, such powers shall be exercised in
the manner prescribed by the Constitution of Ohio or by general law.
{¶ 17} Secretary Husted and the boards of elections reasonably determined
that this language is insufficient to provide for the exercise of all powers vested in,
and the performance of all duties imposed upon, counties and county officers. As
in Walker, the powers and duties are not individually delineated, forcing one to
“look to sources outside the proposed charters to determine the form of government
they purport to establish, and therefore they do not satisfy the legal prerequisites.”
Walker, 144 Ohio St.3d 419, 2015-Ohio-3749, 43 N.E.3d 419, at ¶ 23.
{¶ 18} Accordingly, we conclude that the secretary of state and boards of
elections did not abuse their discretion in determining that the proposed county
charters fail to satisfy the requirements under Article X, Section 3 of the Ohio
Constitution for a valid charter initiative.
Writ denied.
O’CONNOR, C.J., and PFEIFER, O’DONNELL, LANZINGER, and FRENCH, JJ.,
concur.
KENNEDY, J., concurs in judgment only.
7. January Term, 2016
7
O’NEILL, J., dissents, with an opinion.
_________________
O’NEILL, J., dissenting.
{¶ 19} Respectfully, I must dissent.
{¶ 20} R.C. Chapter 302 regulates adoption of an “alternative form of
county government.” For at least two reasons, the provisions in Chapter 302 are
separate and distinct from the review of the validity of a charter petition submitted
under Article X, Section 3 of the Ohio Constitution.
{¶ 21} First, Article X, Section 3 makes no mention of “alternative form[s]
of county government.” Article X, Section 3 authorizes the people of a county to
“frame and adopt or amend a charter.” That section does not empower the General
Assembly to further limit the form of county government that may be enacted by
the people. Article X, Section 3 states generally that a “charter shall provide the
form of government of the county and shall determine which of its officers shall be
elected and the manner of their election.” The proposed charters at issue here
accomplish this by reference to some but not all of the provisions of the Revised
Code.
{¶ 22} And why not? The majority would prefer that relators reinvent the
wheel of government in one document. I disagree.
{¶ 23} Second, Article X, Section 1 is the only portion of the Ohio
Constitution that does mention “alternative forms of county government.” On a
plain reading, that section requires the General Assembly to create counties and
authorizes the General Assembly to offer “alternative forms of county government”
that may be submitted to and adopted by the electors of the various counties. The
adjectival use of “alternative” suggests a circumstance in which several options are
made available and one option may be chosen. To the extent that R.C. Chapter 302
provides several frameworks for a county government that may be adopted by a
8. SUPREME COURT OF OHIO
8
majority of the electors of a county, the law comports with Article X, Section 1 of
the Ohio Constitution. There is no conflict here.
{¶ 24} To the extent that the secretary of state asks this court to apply the
provisions of the Revised Code to limit the form of government that the people may
adopt for themselves through Article X, Section 3, that interpretation exceeds the
constitutional authority of the General Assembly and the secretary of state by
invading the broad power reserved to the people. The secretary of state does not
have the power to veto charter petitions on behalf of the oil and gas industry simply
because the citizens did not pick exclusively from the two forms of county
government delineated in R.C. 302.02.3
This is a usurpation of power from the
people that we should not indulge.
{¶ 25} Although not required by Article X, Section 3, the General
Assembly provided statutory ballot access for citizens who wish to propose a new
county charter. See R.C. 307.94 and 307.95. Given the reticence that the various
boards of elections and secretary of state have shown toward the people and their
attempts to self-govern, I refer all interested Ohioans to Article X, Section 4, which
provides for an alternative form of ballot access:
The legislative authority of any county, upon petition of ten
per cent of the electors of the county, shall forthwith, by resolution,
submit to the electors of the county, in the manner provided in this
section for the submission of the question whether a charter
commission shall be chosen, the question of the adoption of a charter
in the form attached to such petition.
3
R.C. 302.02 names two alternative forms, the “elective executive plan” and the “appointive
executive plan.” R.C. 302.02 refers to the applicable statutory provisions that define each plan.
9. January Term, 2016
9
{¶ 26} The citizens of all 88 counties have the right to choose their form of
county government. The majority limits the right of the citizens of Athens, Meigs,
and Portage Counties to choose a charter.
{¶ 27} To be clear, I dissent.
_________________
James Kinsman and Terry J. Lodge, for relators.
Michael DeWine, Attorney General, and Nicole M. Koppitch and Brodi J.
Conover, Assistant Attorneys General, for respondent Secretary of State Jon
Husted.
Keller J. Blackburn, Athens County Prosecuting Attorney, and Zachary L.
Saunders, Assistant Prosecuting Attorney, for respondents Athens County Board of
Elections and its members.
Victor V. Vigluicci, Portage County Prosecuting Attorney, and Denise L.
Smith and Charmine Ballard, Assistant Prosecuting Attorneys, for respondents
Portage County Board of Elections and its members.
Chad A. Endsley, Leah F. Curtis, and Amy M. Milam, urging denial of the
writ for amici curiae Ohio Farm Bureau Federation, Athens-Meigs Farm Bureau,
and Portage County Farm Bureau.
Porter, Wright, Morris & Arthur, L.L.P., L. Bradfield Hughes, and Kathleen
M. Trafford, urging denial of the writ for amici curiae Ohio Chamber of Commerce,
Affiliated Construction Trades Ohio Foundation, and the American Petroleum
Institute.
McTigue & Colombo, L.L.C., and Donald J. McTigue, urging denial of the
writ for amici curiae Affiliated Construction Trades Ohio Foundation and the
American Petroleum Institute.
Vorys, Sater, Seymour & Pease, L.L.P., Lisa Babish Forbes, Aaron M.
Williams, and Natalia Cabrera, urging denial of the writ for amicus curiae Ohio Oil
and Gas Association.