Markley v. State Elections Enforcement Commission

Summary

The court held that the plaintiffs' administrative appeal was timely because the commission's action within the statutory forty-day period was properly treated as sua sponte reconsideration of its final decision, notwithstanding the earlier constructive denial of the plaintiffs' reconsideration petition. The applicable forty-five-day appeal period therefore began when the plaintiffs were notified of the commission's action after the special meeting. The court reversed the dismissal for lack of subject matter jurisdiction and remanded for consideration of the merits.