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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Veasey v. Abbott

Case Information

Date Filed: June 26, 2013
State: Texas
Issues: Voter ID, Voter Registration, Voter Supression
Current Court: US Court of Appeals for Fifth Circuit (Case 14-41127)

Issue:

Issue 1:

Does SB 14 violate Section 2 of the Voting Rights Act, 42 U.S.C. 1973, by denying the right to vote on account of race and language minority?

Issue 2:

Does SB 14 violate the Fourteenth Amendment of the U.S. Constitution by purposely denying minority voters equal protection for registration and voting?

Issue 3:

Does SB 14 violate the Fifteenth Amendment of the U.S. Constitution by purposely denying minority voters the right to vote?

Issue 4:

Does SB 14 severely burden or facially discriminate against a class of voters without a legitimate governmental interest and violate the Fourteenth Amendment of the U.S. Constitution?

Issue 5:

Does SB 14 restrict freedom of speech and association in violation of the First Amendment of the U.S. Constitution?

Issue 6:

Does SB 14 create a poll tax in violation of the Fourteenth and Twenty-First Amendments of the U.S. Constitution?

Status:

District Court opinion striking down voter ID law filed 10/9/14. Fifth Circuit Opinion filed 8/5/15. Petition for Rehearing En Banc filed 8/28/15. Application to Vacate Fifth Circuit Stay filed in U.S. Supreme Court 3/25/16. Order Denying Application to Vacate Stay filed 4/29/16. Fifth Circuit En Banc Opinion filed 7/20/16. Consent Motion in District Court for Entry of Temporary Remedial Order filed 7/23/16. Order Granting Consent Motion filed 7/23/16. Joint submission of agreed terms filed 8/3/16. Order Regarding Agreed Interim Plan filed 8/10/16.

Supreme Court Documents

Circuit Court of Appeals Documents

District Court Documents


Circuit Court of Appeals Documents (regarding True the Vote's intervention)



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...