City employee brought action challenging county board of commissioners’ decision upholding a fine levied against him by county clerk for advocating for or against a ballot proposition via public e-mail in violation of Political Activities of Public Entities Act.
After removal, the United States District Court for the District of Utah certified questions.
The Supreme Court held that:
- State district courts do not have appellate jurisdiction to review county commissioners’ decision upholding a fine levied by county clerk for using public e-mail for ballot propositions;
- Term “ballot measure,” as used in statute prohibiting use of public e-mail for ballot propositions, includes the entire referendum process; and
- Term “ballot measure” includes signature gathering phase of referendum process, regardless of whether the challenged government action is later found to be not subject to referendum.