Bowen v. Mollis

Summary

The Supreme Court of Rhode Island affirmed the Superior Court's judgment in a dispute over whether a regularly scheduled 2008 election constituted a general election for purposes of submitting constitutional questions to voters. The court held that the plaintiff lacked standing because he alleged no particularized injury, while also stating that the trial justice's interpretation of general election was correct. The court declined to overlook the standing requirement despite the public importance of the issue.

Holdings

1. Bowen lacked standing because he alleged no concrete, particularized, actual, or imminent injury distinguishing his interest from that of the general public.
2. A regularly scheduled statewide election held on the first Tuesday after the first Monday in November in an even-numbered year constitutes a general election for purposes of article 14, even when Rhode Island's general offices are not being contested.

Questions Presented

1. Whether Bowen had standing to seek declaratory relief concerning the meaning of 'general election' under article 14 of the Rhode Island Constitution.
2. Whether a regularly scheduled statewide election held in an even-numbered year, including an election for presidential electors, constitutes a general election under article 14.

Disposition

affirmed