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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Scott v. Schedler

Case Information

Date Filed: April 19, 2011
State: Louisiana
Issues: Voter Registration, Voter Eligibility
Courts that Heard this Case: U.S. District Court for the Eastern District of Louisiana (Case 2:11-cv-00926-JTM-JCW); U.S. Court of Appeals for the Fifth Circuit (Case 13-31147); U.S. Court of Appeals for the Fifth Circuit (Case 13-30185)

Issue:

Whether Louisiana has complied with the obligations imposed on states by the federal government in the NVRA.

Status:

Complaint filed 4/19/11. Defendant's Motion for Partial Summary Judgment Denied 5/3/12. Plaintiffs' Motion for Summary Judgment filed 7/3/12. Joint Motion to Continue Trial Date filed 9/26/12. Trial Scheduled for 10/15/12. Permanent Injunction granted 1/23/13. Plaintiffs' Motion for Attorney Fees and Costs filed 2/26/2013. Judgment for Plaintiffs awarding fees and costs filed 10/22/13. Notice of Appeal filed 10/31/13. Defendant's Motion for Stay filed 12/30/13.  Ordering Granting Stay filed 1/2/14. Plaintiffs' Motion to Extend Court's Jurisdiction filed 1/17/14. Defendant's Response in Opposition to Motion to Extend Court's Jurisdiction filed 1/22/14. Order Extending Injunction until 2/3/14. Order denying extension of court's jurisdiction filed 2/3/14. Order granting Motion to Stay Pending Appeal filed 5/22/14. 5th Circuit Opinion filed 11/5/14. Mandate issued 2/6/15. Order Amending Permanent Injunction filed on 7/10/15. Magistrate Judge's Findings and Recommendations as to Attorney Fees filed 12/3/15.

 

District Court Documents

Court of Appeals Documents (Merits)

Court of Appeals Documents (Attorney Fees)

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.”

more EL@M in the news...

Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...