1. Help
2. Campus map
3. Find people
4. Webmail
5. Search Ohio State

• About
  EL@M
  • About Us
  • Experts by Topic
• Faculty
  • Edward B. "Ned" Foley
  • Daniel P. Tokaji
  • Terri L. Enns
  • Steven F. Huefner
  • Donald B. Tobin
  • EL@M Fellows
  • EL@M Staff
  • Experts by Topic
• Election Law
  Litigation
  • Major Pending Cases
  • Archived Cases
• Current
  Features
  • 2008 Primary Post-Election Timeline
  • Voting Machine Issues Nationwide (2008)
  • From Registration to Recounts (Book)
  • Voter ID Litigation Nationwide
  • Major Election Law Reports
  • Equal Vote
  • Free & Fair
  • Weekly Teleconference
  • Featured Comments
• Archived
  Features
  • 50 Questions for 5 Key States
  • 2006 Election Overview
  • 2006 Recount Roundup
  • 2006 Ohio Primary Problems
  • 2006 Voting Technology Nationwide
  • 2006 Election Podcasts
  • Electronic Roundtable '06
  • Ohio Voter Registration Regulations
  • e-Book
  • Past Case Decisions
  • 2005 Redistricting Developments
• Biweekly
  Update
  • Subscribe
• Related
  Links
• Media
  Information
• A Joint Project with the
  Moritz Law Library

McCorvey v. Browning

(page last updated August 27, 2008 at 2:25 PM)

Case Information

Current Court: U.S. District Court for the Northern District of Florida (Case 4:08-cv-00218)
All Courts: U.S. District Court for the Northern District of Florida (Case 4:08-cv-00218)
Topic(s): Selection of Presidential Electors
State: Florida
Date Filed: April 7, 2008

Issue:

Whether Florida's amendment of statutory Section 103.101, which changed the date of Florida's primary election in violation of the Democratic National Party's rules, violated plaintiff's rights under the first and fourteenth amendments of the constitution.

Status:

Complaint filed 4/7/08. Defendants' Motions to Dismiss and Plaintiff's Motion for Summary Judgment are pending.  Court granted Motion to Dismiss as to the AG but denied it as to the Sec State (7/13).  Motion for Summary Judgment denied (7/13) and case is stayed until after the November elections.

District Court Documents

• COMPLAINT (filed 4/7/08)
• First MOTION to Dismiss by BILL MCCOLLUM (filed 4/15/08)
• ORDER of Deficiency regarding Motion to Dismiss by BILL MCCOLLUM (entered 4/29/08)
• Second MOTION to Dismiss as Corrected by BILL MCCOLLUM (filed 5/1/08)
• NOTICE of Pendency of Other or Prior Similar Actions by KURT BROWNING (filed 5/5/08)
• Consent MOTION to Transfer Case to Tallahassee Division, Northern District of Florida by ELVIN MCCORVEY, KURT BROWNING (filed 5/5/08)
• MOTION to Dismiss by KURT BROWNING (filed 5/5/08)
• RESPONSE in Opposition re MOTION to Dismiss (filed 5/8/08)
• ORDER - GRANTED, CONSENT MOTION TO TRANSFER CASE TO TALLAHASSEE DIVISION (entered 5/9/08)
• MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (filed 5/13/08)
  • Exhibit ORDER in Nelson v Dean, Case No. 07-427
• MEMORANDUM in Support re MOTION for Summary Judgment (filed 5/13/08)
• Joint MOTION to Reassign Case by ELVIN MCCORVEY (filed 5/14/08)
• MOTION to Expedite Consideration of Plaintiff's Motion for Summary Judgment (filed 5/14/08)
• RESPONSE in Opposition re MOTION for Summary Judgment (filed 5/27/08)
  • Exhibit A: Delegate Selection Rules
  • Exhibit B: Declaration of Kurt Browning
  • Exhibit C: Declaration of Phillip McNamara
• PLAINTIFF'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (filed 5/29/08)
• ORDER REASSIGNING CASE. Case reassigned to CHIEF JUDGE ROBERT L HINKLE for all further proceedings. (entered 6/06/2008)
• ORDER DISMISSING CLAIMS AGAINST ATTORNEY GENERAL, DENYING OTHER MOTIONS, AND STAYING FURTHER PROCEEDINGS (entered 7/13/2008)

Related Links

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391 | (614) 292-2631