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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

LaRoque v. Holder/Nix v. Holder

Case Information

Date Filed: April 7, 2010
State: National
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:10-cv-00561); U.S. Court of Appeals for the D.C. Circuit (Case 11-5349); U.S. Supreme Court (Case 12-81)

Issue:

Whether Section 5 of the Voting Rights Act of 1964 exceeds Congress' authority under the Fifth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution.

Status:

District Court opinion issued 12/22/11. Court of Appeals vacates opinion of District Court 5/18/12. Petition for certiorari filed 7/23/12. Brief for Respondents opposing certiorari filed 9/24/12.

Supreme Court Documents (Now known as Nix v. Holder)

Appellate Court Documents

District Court Documents

Related EL@M Articles

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.

more commentary...

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

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...