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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

North Carolina NAACP v. McCrory

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voting Rights Act
Current Court: United States Court of Appeals for the Fourth Circuit (Case 14-1856)

Issue:

Do the provisions of HB 589 (Voter Id requirements) violate Section 2 of the Voting Rights Act (42 U.S.C. 1973) and the Fourth and Fifteenth Amendments of the Constitution?

Status:

Complaint filed 8/12/13. Answer filed 10/21/13. First amended complaint filed 11/12/13. U.S.'s motion to consolidate cases filed 11/26/13. Answer to amended complaint filed 12/2/13. Case consolidated for discovery purposes with League of Women Voters of North Carolina v. Howard and U.S. v. North Carolina 12/13/13. Motion to Quash Subpoenas to State Legislators filed 1/20/14. Plaintiffs' Motion to Compel Production of Documents filed 1/24/14. Defendants' Motion for a Protective Order filed 2/17/14. Order that Motion to Quash and Motion to Compel granted in part, denied in part filed on 3/27/14. Legislative Movants' Objection to March 27th Order filed 4/2/14. Motion to Stay March 27th Order filed 4/2/14. Order granting motion to stay filed 4/2/14. United States' and Plaintiffs' Opposition to Objection as to Order on Legislative Privilege filed 4/14/14. Order that Legislators' Pending Objections are overruled in part and sustained in part filed 5/15/14. Plaintiffs' Motion for Preliminary Injunction filed 5/19/14. Plaintiffs' Response regarding Legislative Immunity filed 6/25/14. Defendants' Response to Plaintiffs' Motion to Compel filed 6/26/14. Order granting Motion to Expedite and Motion to Compel filed 6/26/14. Various Plaintiffs' Motions to Stroke filed 6/30/14. Order denying Motion for Summary Judgment and Motion for Preliminary Injunction filed 8/8/14. Notice of appeal filed 8/18/14.

 

See related cases: League of Women Voters of North Carolina v. Howard and United States v. North Carolina.

 

Circuit Court of Appeals Documents

District Court Documents

 

Commentary

Election Law @ Moritz is 10 Years Old!

Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Supreme Court of Kansas Orders Taylor's Name to be Removed from U.S. Senate Ballot

In an opinion issued yesterday, the Supreme Court of Kansas ordered Kansas Secretary of State Kris Kobach to remove Democratic candidate for U.S. Senate Chad Taylor from the ballot for the general election. Removing Taylor leaves Republican incumbent Pat Roberts and independent candidate Greg Orman on the ballot. Taylor requested his removal earlier this month. The case is Taylor v. Kobach.

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