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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Texas v. United States

Case Information

Date Filed: July 19, 2011
State: Texas
Issue: Redistricting
Courts that Heard this Case: United States District Court for the District of Columbia (Case 1:11-cv-01303); United States Supreme Court (Case 12-496); United States Court of Appeals for the District of Columbia Circuit (Case 14-5151)

Issue:

Whether Texas' Recently Enacted Redistricting Plans Violate Section 5 of the Voting Rights Act.

Status:

Trial commenced 1/17/12. Post-trial briefs filed 2/6/12 and 2/7/12. Opinion issued 8/28/12. Notice of appeal to U.S. Supreme Court filed 8/31/12. Jurisdictional statement filed 10/19/12. Mexican-American Legislative Caucus' Motion to Affirm filed 12/6/12. United States' Motion to Affirm in Part filed 12/7/12. Davis' Motion to Affirm filed 12/7/12. Texas Latino Redistricting Task Force's Motion to Affirm filed 12/7/12. Texas' Reply Brief filed 12/13/12. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Memorandum and Order of Dismissal filed 12/3/13. Order Dissolving Three-Judge District Court on 1/22/14. Order filed 6/18/14. Notice of Appeal filed 6/23/14. Plaintiffs' Motion to Stay filed 6/23/14. Order granting Motion to stay filed 6/24/14. Texas' opening Court of Appeals brief filed 12/15/14. Joint appendix filed 12/15/14. Joint Appellee Brief filed 1/14/15. Appellant Reply Brief filed 1/28/15. Oral argument heard 4/21/15. Opinion affirming district court filed 8/18/15.

See also Davis v. Perry and Perez v. Texas

District Court Documents

Court of Appeals Documents

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.”

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Info & Analysis

U.S. District Judge Rules for State in Ohio NVRA Case

In an order issued late yesterday, U.S. District Judge George Smith denied plaintiffs\' motion for summary judgment in a case challenging the removal of voters from the rolls for non-participation in recent elections. Judge Smith ruled that this practice does not violate the National Voter Registration Act (NVRA). He entered final judgment in favor of the defendant, Ohio Secretary of State Jon Husted, clearing the path for a possible appeal to the Sixth Circuit. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...