Markley v. State Elections Enforcement Commission

Summary

The court held that the plaintiffs' administrative appeal was timely because the commission could reconsider its final decision sua sponte within forty days, even after the plaintiffs' petition for reconsideration had been denied by operation of law. The commission's action at the special meeting was therefore treated as reconsideration under the applicable statutory provision, making the appeal period run from notice of the commission's action. The judgment dismissing the appeal for lack of subject matter jurisdiction was reversed and the case was remanded for consideration of the merits.