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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Arcia v. Detzner

Case Information

Date Filed: June 19, 2012
State: Florida
Issues: Voter Fraud, Voter Eligibility, State Voter Registration Databases
Courts that Heard this Case: U.S. District Court for the Southern District of Florida (Case 1:12-cv-22282); U.S. 11th Circuit Court of Appeals (Case 12-15738)

Issue:

Whether Florida's "voter purge" violates section 2 of the Voting Rights Act by having a disproportionate effect on African-American and Hispanic citizens.

Status:

Complaint filed 6/19/12. Answer filed 7/12/12. Amended Complaint filed 9/12/12. Plaintiffs' Motion for Preliminary Injunction and Summary Judgment filed 9/19/12. Defendant's Answer to Amended Complaint filed 10/2/12. Order Denying Plaintiffs' Motion for Preliminary Injunction and Summary Judgment filed 10/4/12. Final Judgment Entered 10/29/12. Notice of Appeal filed 11/1/12. Appellant's brief filed 12/17/12. Letter from Court to Parties requesting responses on jurisdictional question filed 12/31/12. Appellees' Response Brief filed 1/22/13. Oral Argument held 10/10/13. Opinion, reversed and remanded on 4/1/14.

 

Circuit Court Documents

District Court Documents

Commentary

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

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In the News

Daniel P. Tokaji

Scott Walker case shows growing closeness between politicians and wealthy allies

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

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Info & Analysis

Fourth Circuit Issues Opinion in North Carolina Case, Blocking Part of New Voting Law

Today the Fourth Circuit U.S. Court of Appeals issued an opinion blocking some of the recently enacted changes to North Carolina voting law including the elimination of same day voter registration. The case is North Carolina NAACP v. McCrory.

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