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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

League of Women Voters of North Carolina v. Howard

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voting Rights Act, Voter Supression
Current Court: United States Court of Appeals for the Fourth Circuit (Case 16-1468 and 16-1529)

Issue:

1. Does the reduction in early voting days, loss of same-day registration, and elimination of out of precinct provisional voting opportunities violate the Fourteenth Amendment?

2. Did the Generally Assembly have a discriminatory purpose, which would violate the Fourteenth Amendment, in passing H.B. 589?

3. Do the limits on early voting days, same day registration, and out of precinct provisional voting violate Section 2 of the Voting Rights Act (42 U.S.C. 1973)?

4. If the Court finds discrimination against African Americans, should North Carolina be covered under Section 3(c) of the Voting Rights Act?

Status:

Trial on photo identification requirement held beginning 1/25/16. Opinion upholding voter ID law issued 4/25/16. Notice of Appeal filed 5/6/16. Court of Appeals order extending District Court's stay filed 6/7/16.

See related cases: North Carolina NAACP v. McCrory and United States v. North Carolina

District Court Documents

Circuit Court of Appeals Documents

U.S. Supreme Court Documents

 

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

U.S. District Judge Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

more info & analysis...