OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Pending Cases Arranged by Topic

Arrange Active Cases by: Case Name | State | Primary Topic | Date Filed
Arrange Archived Cases by: Case Name | State | Primary Topic | Date Filed

This is a list of pending election law litigation cases that Election Law @ Moritz is currently monitoring.

Fair Elections Ohio, The Amos Project, et al v. Husted

EL@M Case Page (last modified March 12, 2014 (4:28 PM))

Date Filed: 10/15/12
State: Ohio
Topic(s): Absentee Ballots
Current Court: United States District Court for the Southern District of Ohio

Case Issue:

Whether it is constitutional for Ohio to fail to make provisions for persons arrested after the absentee ballot deadline (the Saturday before the election at noon) to vote from jail.

Latest Status:

Complaint filed 10/15/12. First-amended complaint filed 10/18/12. Hearing on motion for Temporary Restraining Order set for 10/23/12. Plaintiff's Motion for Temporary Restraining Order denied 11/1/12. Answer filed 11/6/12. Joint Discovery Plan filed 12/28/12. Preliminary Pretrial Order filed 1/16/13. Answer of Defendant Preisse filed 1/22/13. Final Pretrial Conference set for 6/27/14. Emergency Motion to Exclude Defendants Jon Husted and Attorney General Mike DeWine filed 2/28/14. Order denying motion to exclude filed 3/4/14.

Libertarian Party of Ohio v. Husted

EL@M Case Page (last modified April 23, 2014 (7:57 PM))

Date Filed: 9/25/13
State: Ohio
Topic(s): Ballot Access
Current Court: Southern District of Ohio

Case Issue:

Issue 1:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions  violate the First Amendment?

Issue 2:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions, as applied,  violate the First Amendment?

Latest Status:

Complaint file 9/25/13. Motion for Preliminary Injunction filed 9/26/13. Motion for Intervention by State of Ohio filed 10/3/13. Opinion and Order granting preliminary injunction filed 11/14/13. Motion to Intervene by Hart et al filed 11/27/13. Husted's answer filed 11/29/13. Ohio's answer filed 11/29/13. Intervenors' motion for TRO and preliminary injunction filed 12/3/13. Opinion and Order granting preliminary injunction filed 1/7/14. Husted Answer and Affirmative Defenses filed 1/9/14. Ohio Answer and Affirmative Defenses filed 1/9/14. Notice of Appeal from Order Granting Preliminary Injunction filed 1/10/14. Appeal Dismissed on 2/21/14. Plaintiff's Amended Complaint filed on 3/7/14. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction filed 3/7/14. Defendant's Notice of Related Case in Ohio Supreme Court filed 3/11/14. Defendant's Opposition to Temporary Restraining Order and Preliminary Injunction filed 3/11/14. Order denying Plaintiffs' Motion for TRO filed on 3/19/14. Plaintiffs' Notice of Appeal as to Order denying Motion for TRO filed 3/19/14. Order denying Motion to Stay filed 3/20/14. Motion for Emergency Injunction and Expedited Appeal filed 3/20/14. Order denying Emergency Injunction and granting Expedited Appeal filed 3/21/14. Plaintiff's Second Amended Complaint filed 3/26/14.  Appellant Brief filed 3/30/14. Husted and State of Ohio's Answer to Amended Complaint filed 4/9/14. Oral Argument set for 4/22/14.

Townley v. Miller

EL@M Case Page (last modified January 15, 2014 (1:29 PM))

Date Filed: 6/8/12
State: Nevada
Topic(s): Ballot Design
Current Court: U.S. District Court for Nevada

Case Issue:

Whether Nevada state law, which allows voters to choose "none of the above" as a ballot option, but then requires that those ballots not be counted, is Constitutional.

Latest Status:

Complaint filed 6/8/12. Appeal to 9th Circuit filed 8/24/12. Order Granting Emergency Motion for Stay Pending appeal issued 9/5/12. Appellants' briefs filed 9/24/12. Appellees' Brief filed 11/5/12. Appellants' Reply Brief filed 12/3/12. Set for oral argument 3/11/13. Opinion Vacating and Remanding with Instructions to Dismiss for Lack of Standing filed 7/10/13. Order Dismissing Case and Final Judgment on 9/17/13. Petition for Writ of Cert. Denied on 1/14/14.

CREW v. IRS

EL@M Case Page (last modified February 28, 2014 (10:53 AM))

Date Filed: 5/21/13
State: Washington, D.C.
Topic(s): Campaign Finance
Current Court: U.S. District Court for the District of Columbia

Case Issue:

1. Did the IRS act arbitrarily, capriciously, and contrary to law in denying plaintiff's petition for rulemaking to address asserted conflict between regulations governing 501(c)(4) organizations and the Tax Code?

2. Is plaintiff entitled to a writ of mandamus compelling the IRS to institute rulemaking proceedings and address asserted inconsistency between regulations governing 501(c)(4) organizations and the Tax Code?

Latest Status:

Complaint filed 5/21/13. U.S.'s Motion to Dismiss filed 8/30/13. Order Consolidating Case with Van Hollen v. IRS filed 9/6/13. Defendants' Motion to Dismiss for Lack of Jurisdiction filed 10/25/13. Notice of Voluntary Dismissal by Van Hollen, Democracy 21, Campaign Legal Center, and Public Citizen, Inc. filed 12/6/13. Order Granting Defendants' Motion to Dismiss filed 2/27/14.

McCutcheon v. FEC

EL@M Case Page (last modified April 2, 2014 (12:30 PM))

Date Filed: 6/22/12
State: Washington, D.C.
Topic(s): Campaign Finance
Current Court: United States District Court for the District of Columbia

Case Issue:

Whether the aggregate federal donation limits for each election cycle violate the 1st amendment.

Latest Status:

Complaint filed 6/22/12. Memorandum Opinion issued 9/28/12. Notice of Appeal to U.S. Supreme Court filed 10/9/12. FEC's Motion to Dismiss or Affirm filed 1/2/13. Appellants' Brief Opposing Motion to Dismiss or Affirm filed 1/14/13. Brief of Republican National Committee filed 5/6/13. Brief of Appellant Shaun McCutcheon filed 5/6/13. Argued 10/8/13. Reversed and remanded on 4/2/14.

True the Vote, Inc. v. IRS

EL@M Case Page (last modified December 18, 2013 (7:33 AM))

Date Filed: 5/21/13
State: Washington, D.C.
Topic(s): Campaign Finance
Current Court: U.S. District Court for the District of Columbia

Case Issue:

1) Whether True the Vote is exempt from Federal Income tax as a 501(c)(3) organization.

2) Whether the IRS violated True the Vote's First Amendment right of freedom of speech and association.

3) Whether the IRS overstepped its statutory authority in requesting additional information from True the Vote.

Latest Status:

Complaint filed 5/21/13. Motion to Dismiss counts 1, 2, 3, and 5 filed 9/26/13. Plaintiff's motion to stay agency action filed 11/15/13. True the Vote's Opposition to Motion to Dismiss on 11/26/13. Multiple Replies Supporting Motion to Dismiss on 12/17/13.

Wagner v. Federal Election Commission

EL@M Case Page (last modified September 12, 2013 (10:18 AM))

Date Filed: 10/19/11
State: Washington, D.C.
Topic(s): Campaign Finance
Current Court: U.S. Court of Appeals for the D.C. Circuit

Case Issue:

Whether a federal statute barring individuals who have government contracts from making political contributions is constitutional.

Latest Status:

Complaint filed 10/19/2011. Answer filed 2/17/12. Motion for Preliminary Injunction denied 4/16/12. Plaintiffs' Motion for Summary Judgment filed 7/12/12. FEC's Motion for Summary Judgment filed 8/15/12. Memorandum and opinion issued 11/2/12. Notice of appeal filed 11/8/12. Circuit Court scheduling order filed 11/19/12. Appellant Brief filed 1/16/13. Appellee Brief filed 2/20/13. Oral Argument held 5/16/13. Opinion Per Curiam Vacating and Remanding 5/31/13. Order Holding Case in Abeyance pending McCutcheon v. FEC filed 9/11/13.

Obama for America v. Husted

EL@M Case Page (last modified March 20, 2014 (10:29 AM))

Date Filed: 7/17/12
State: Ohio
Topic(s): Early Voting
Current Court: United States District Court for the Southern District of Ohio

Case Issue:

Whether Ohio's current election law, which restricts early voting in the three days prior to an election on certain voters, violates 42 USCA 1983 and/or the Equal Protection Clause of the 14th Amendment.

Latest Status:

Complaint filed 7/17/12. Motion for Preliminary Injunction filed 7/17/12. Motion to Intervene Granted 8/6/12. Hearing on Motion for Preliminary Injunction held 8/15/12. Opinion and Order Granting Motion for Preliminary Injunction filed 8/31/12. Notice of Appeal of Preliminary Injunction filed 9/4/12. Motion to Enforce Court's Order filed 9/5/12. Hearing on Motion set for 9/13/12. Hearing set for 9/13/12 vacated. Appellants' brief filed 9/10/12. Appellees' brief filed 9/17/12. Reply Brief filed 9/21/12. Opinion affirming district court filed 10/5/12. Application for stay filed in Supreme Court 10/9/12. Reply Brief filed 10/13/12. Stay denied 10/16/12. Answer filed 12/3/12. Status Conference scheduled for 3/18/14.

United States v. North Carolina

EL@M Case Page (last modified April 16, 2014 (10:45 AM))

Date Filed: 9/30/13
State: North Carolina
Topic(s): Early Voting, Voting Rights Act, Voter ID
Current Court: Middle District of North Carolina

Case Issue:

Issue 1: Does House Bill 589 deny or abridge the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793?

Issue 2: Was House Bill 589 enacted and enforced with the purpose of denying or abridging the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793, the Fourteenth Amendment, and Fifteenth Amendment?

Latest Status:

Complaint filed 9/30/13. U.S.'s motion to consolidate cases filed 11/27/13. Defendant's answer filed 12/2/13. Judicial Watch, Inc.'s motion to intervene filed 12/10/13. Case consolidated for discovery purposes with League of Women Voters of North Carolina v. Howard and North Carolina NAACP v. McCrory 12/13/13.

 

See related cases: League of Women Voters of North Carolina v. Howard and North Carolina NAACP v. McCrory.

Citizen Center v. Gessler

EL@M Case Page (last modified March 5, 2014 (1:08 PM))

Date Filed: 2/13/12
State: Colorado
Topic(s): Improper Election Administration, Voting Technology
Current Court: United States 10th Circuit Court of Appeals

Case Issue:

Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.

Latest Status:

complaint filed 2/13/12. Motions to Dismiss filed 6/4/12. Motion for Temporary Restraining Order and Preliminary Injunction filed 8/17/12. Case dismissed by minute order 9/24/12. Judgment issued 9/25/12. Appeal docketed with 10th Circuit on 10/30/12. Oral Arguments to be held 3/17/14.

Susan B. Anthony List v. Driehaus

EL@M Case Page (last modified April 11, 2014 (9:05 PM))

Date Filed: 10/4/10
State: Ohio
Topic(s): Improper Election Communications
Current Court: U.S. Supreme Court

Case Issue:

1. To challenge a speech-suppressive law, must a party whose speech is arguably proscribed prove that authorities would certainly and successfully prosecute or should the court presume that a credible threat of prosecution exists absent desuetude or a firm commitment by prosecutors not to enforce the law?

2. Whether state laws proscribing “false” political speech are subject to pre-enforcement First Amendment review so long as the speaker maintains that the speech is true, even if others who enforce the law manifestly disagree.

Latest Status:

District Court Orders granting motions to dismiss of Ohio Election Commission et al filed 8/1/11. Sixth Circuit opinion filed 5/13/13. Petition for Certiorari filed 8/9/13. Brief of State Respondents in Opposition filed 11/27/13. Reply Brief of Petitioners filed 12/11/13. Petition for Certiorari granted 1/10/14. Brief of Petitioners filed 2/24/14. Set for Argument on April 22, 2014.

SEIU v. Husted

EL@M Case Page (last modified March 20, 2014 (6:18 AM))

Date Filed: 6/22/12
State: Ohio
Topic(s): Provisional Ballots
Current Court: U.S. District Court for the Southern District of Ohio

Case Issue:

Whether the failure to ensure that all provisional ballots are properly counted violates the 14th Amendment, the right to vote, the 17th amendment and/or federal voting statutes.

Latest Status:

Complaint and Motion for Preliminary Injunction filed 6/22/12. Answer to Second Amended Complaint filed 8/7/12. Plenary Opinion and Order issued 8/27/12. State of Ohio's Motion to Intervene filed 9/4/12. State of Ohio's and Secretary of State's Notices of Appeal filed 9/6/12. Motion to dismiss state's appeal filed 9/7/12. State's response to motion to dismiss filed 9/7/12. State's brief and Secretary Husted's brief filed 9/14/12. SEIU's brief filed 9/21/12. State of Ohio's appeal dismissed for lack of standing 9/28/12. Oral argument held 10/1/12. Sixth Circuit Opinion issued 10/11/12. District Court Opinion and Order granting motion for preliminary injunction filed 10/26/12. Appellants Emergency Motion to Stay Injunction pending appeal filed 10/26/12. Stay issued by 6th Circuit 10/31/12. Plaintiffs' Joint Notice of Husted's Directive filed 11/2/12. State's memorandum in opposition filed 11/6/12. Petition for en banc rehearing filed 11/15/12. Order denying petition for en banc rehearing filed 12/5/12. Letter Revising Briefing Schedule filed 1/7/13. Briefing Schedule Extended 5/15/13. Order Dismissing Appeal and Denying Vacatur filed 9/27/13. Joint Motion for  Indicative Ruling to Effect Terms of Settlement on Appeal filed 1/14/14.

Davis v. Perry

EL@M Case Page (last modified February 3, 2014 (1:32 PM))

Date Filed: 9/22/11
State: Texas
Topic(s): Redistricting, Vote Dillution
Current Court: United States Court for the Western District of Texas

Case Issue:

Whether Texas' State Senate Redistricting Plan violates the Voting Rights Act.

Latest Status:

District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court order pending oral argument scheduled 1/9/12. Supreme Court opinion filed 1/20/12. District Court Order Entering a Redistricting Plan 3/1/12. Court Order Adopting interim plan for 2012 election entered 9/7/12. Final Judgment filed 9/4/13. Circuit Court Order Dismissing Appeal for Lack of Jurisdiction filed 1/16/14.

Favors v. Cuomo

EL@M Case Page (last modified March 17, 2014 (1:15 PM))

Date Filed: 11/17/11
State: New York
Topic(s): Redistricting
Current Court: United States District Court for the Eastern District of New York

Case Issue:

Whether New York's redistricting procedure violates the Due Process and Equal Protection Clauses of the 14th Amendment, among other provisions.

Latest Status:

Complaint filed 11/17/11. Motion to Dismiss Denied 5/16/12. Answer to Cross Claim filed 6/18/12. Assembly Majority's Motion for Summary Judgment on Equal Population claims and section 2 claims filed 6/29/12. Stipulation of Dismissal of Voting Rights Act Section 2 claims against Assembly defendants filed 12/18/12. Final Judgment Order filed 11/5/13. Amended Judgment Order filed 11/8/13.

Perez v. Texas

EL@M Case Page (last modified April 17, 2014 (10:15 AM))

Date Filed: 5/9/11
State: Texas
Topic(s): Redistricting, Vote Dillution
Current Court: US District Court for the Western District of Texas

Case Issue:

Whether Texas' redistricting plan violates the Constitution because it does not make a good faith effort to maintain population equality and treats inmates as residents of the counties in which they are incarcerated.

Latest Status:

District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court's order pending oral argument scheduled 1/9/11. Election Scheduling Order filed 3/19/12. Interim plan for 2012 Elections entered 9/7/12. Stay denied by Supreme Court 10/3/12. Order granting motion to dismiss defendants Strauss and Dewhurst filed 11/27/13. Defendants' Motion to Modify Legislative Privilege Order filed 12/6/13. Order denying Motion to Modify Legislative Privilege Order filed 1/8/14. Plaintiffs' Sixth Amended Complaint filed 2/25/14. Defendants' Answer filed 2/28/14.

Texas v. United States

EL@M Case Page (last modified January 23, 2014 (1:41 PM))

Date Filed: 7/19/11
State: Texas
Topic(s): Redistricting
Current Court: United States District Court for the District of Columbia

Case Issue:

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

Latest 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.

Voting for America v. Skeen

EL@M Case Page (last modified April 8, 2014 (12:13 PM))

Date Filed: 2/13/12
State: Texas
Topic(s): State Voter Registration Databases, Voter Registration
Current Court: U.S. District Court for the Southern District of Texas

Case Issue:

Whether Texas' state voter registration procedures violate the NVRA.

Latest Status:

Complaint filed 2/3/12. Motion to Dismiss filed 3/25/12. Answer filed 3/27/12. Texas' Motion to Intervene Granted 6/8/12. Opinion and Order on Motion for Preliminary Injunction filed 8/2/12. Defendant Skeen's Notice of Appeal filed 8/16/12. Order Granting Stay Pending Appeal Issued issued 9/6/12. 5th Circuit oral argument schedule entered 9/26/12. Appellee's Brief filed 11/16/12. Appellant's Reply Brief filed 11/26/12. Opinion filed 10/3/13. Mandate issued 11/26/13.

Arcia v. Detzner

EL@M Case Page (last modified April 16, 2014 (10:49 AM))

Date Filed: 6/19/12
State: Florida
Topic(s): Voter Fraud, Voter Eligibility, State Voter Registration Databases
Current Court: U.S. District Court for the Southern District of Florida

Case 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.

Latest 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.

Applewhite v. Pennsylvania

EL@M Case Page (last modified March 12, 2014 (8:48 AM))

Date Filed: 5/1/12
State: Pennsylvania
Topic(s): Voter ID
Current Court: Commonwealth Court of Pennsylvania

Case Issue:

Whether Pennsylvania's newly passed state voter ID law violates the Pennsylvania Constitution and whether or not the law can go into effect for the 2012 general election.

Latest Status:

Petition for Review filed 5/1/12. Trial scheduled for 7/25/12. Motion for preliminary injunction denied 8/15/12. Notice of Appeal to Supreme Court of Pennsylvania filed 8/16/12. Order granting motion to expedite and setting briefing schedule filed 8/23/12. Oral argument set for 9/13/12. Appellant's brief filed 8/30/12. Appellee's briefs filed 9/7/12. Order Vacating Judgment and Remanding Case filed 9/18/12. Opinion and Order Granting Preliminary Injunction filed 10/2/12. Trial on Permanent Injunction scheduled for July 2013. Joint stipulation that preliminary injunction will continue through May primary election filed 2/14/13. Preliminary injunction granted 8/16/13. Respondent's proposed findings of fact and conclusions of law filed 8/30/13. Petitioner's proposed findings of fact and conclusions of law filed 8/30/13. Opinion and order granting permanent injunction filed 1/17/14. Respondent's Application for Hearing before En Banc Panel filed 2/3/14. Petitioners' Opposition to Respondents' Application for Hearing before En Banc Panel filed 2/6/14. Petitioners' Brief filed 2//28/14. Order Denying Application for Relief filed on 3/11/14.

Arizona v. The Inter Tribal Council of Arizona, Inc.

EL@M Case Page (last modified April 1, 2014 (11:08 AM))

Date Filed: 5/9/06
State: Arizona
Topic(s): Voter ID
Current Court: U.S. District Court, District of Arizona

Case Issue:

Original Issue: Whether Arizona's voter identification requirements disparately impact minorities in the state and, as such, are unconstitutional.

Current Issue: Whether, under the Elections Clause of the Consitution, the Circuit Court properly applied a heightened preemption test in this case, allowing the NVRA to preempt Arizona's law.

Latest Status:

Order Granting Rehearing En Banc entered 4/27/11.  Order of Preliminary Information Regarding Rehearing En Banc entered 4/28/11. En banc oral argument scheduled for 6/21/2011. Court of Appeals Opinion filed 4/19/12. Temporary U.S. Supreme Court stay 6/14/12. U.S Supreme Court Stay Vacated 6/28/12. Petition for certiorari filed 7/16/12. Petition for certiorari granted 10/15/12. State Petitioners' Brief filed 12/7/12. Oral argument held 3/18/13. Opinion issued 6/17/13. Final Judgment (District Court) filed 9/11/13.

Currie v. North Carolina

EL@M Case Page (last modified February 4, 2014 (1:46 PM))

Date Filed: 8/12/13
State: North Carolina
Topic(s): Voter ID, Voter Supression, Voting Rights Act
Current Court: North Carolina Orange County Superior Court

Case Issue:

1. Do Voter Id requirements violate Article VI of the North Carolina Constitution?

2. Do the Photo Id costs violate Article I Section 10 of the North Carolina Constitution?

3. Do the Photo Id property requirements violate Article I Section 11 of the North Carolina Constitution?

4. Do Photo Id requirements impose burdens on classes of voters in violation of Article I Section 19 of the North Carolina Constitution?

5. Do the Photo Id requirements create an undue burden on the right to vote in violation of Article 1 Section 19 of the North Carolina Constitution?

6. Does the State purposefully discriminate against African-American voters in violation Article 1 Section 19 of the North Carolina Constitution?

Latest Status:

Complaint filed 8/12/13. Answer filed 11/14/13.

Frank v. Walker

EL@M Case Page (last modified January 28, 2014 (12:41 PM))

Date Filed: 12/13/11
State: Wisconsin
Topic(s): Voter ID
Current Court: United States District Court for the Eastern District of Wisconsin

Case Issue:

Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.

Latest Status:

Complaint filed 12/13/11. Motion for Preliminary Injunction and Motion for Class Certification filed 4/23/12. Trial postponed until Spring 2013. Trial held in November 2013. Post hearing briefs due 12/20/13. Defendant Post-Trial Brief filed 12/22/13. Plaintiff's Amended Post-Trial Brief filed 1/16/14.

Jones v. Deininger

EL@M Case Page (last modified December 23, 2013 (6:12 PM))

Date Filed: 2/23/12
State: Wisconsin
Topic(s): Voter ID
Current Court: U.S. District Court for the Eastern District of Wisconsin

Case Issue:

Whether Wisconsin's voter ID law violates the right to vote of African-Americans and Latinos.

Latest Status:

Complaint filed 2/23/12. Motion for Preliminary Injunction filed 4/23/12. Trial Postponed until Spring 2013. Trial held in November 2013. Post hearing briefs due 12/20/13. Defendant Post-Trial brief filed 12/22/13. Plaintiff Post-Trial Brief filed 12/22/13.

League of Women Voters of North Carolina v. Howard

EL@M Case Page (last modified April 15, 2014 (1:18 PM))

Date Filed: 8/12/13
State: North Carolina
Topic(s): Voter ID, Voting Rights Act, Voter Supression
Current Court: Middle District of North Carolina

Case Issue:

1. Does the reduction in early voting days, loss of same-day registration, and elimination of out of precinct provisional voting opportunities violate the Fourteenth Amendment?

2. Did the Generally Assembly have a discriminatory purpose, which would violate the Fourteenth Amendment, in passing H.B. 589?

3. Do the limits on early voting days, same day registration, and out of precinct provisional voting violate Section 2 of the Voting Rights Act (42 U.S.C. 1973)?

4. If the Court finds discrimination against African Americans, should North Carolina be covered under Section 3(c) of the Voting Rights Act?

Latest Status:

Complaint filed 8/12/13. Answer filed 10/21/13. Motion to Intervene filed 11/25/13. U.S.'s motion to consolidate filed 11/26/13. Case consolidated for discovery purposes with North Carolina NAACP v. McCrory and U.S. v. North Carolina 12/13/13.

 

See related cases: North Carolina NAACP v. McCrory and United States v. North Carolina

League of Women Voters of Wisconsin v. Walker

EL@M Case Page (last modified February 20, 2014 (12:51 PM))

Date Filed: 10/20/11
State: Wisconsin
Topic(s): Voter ID
Current Court: Wisconsin Supreme Court

Case Issue:

Whether Wisconsin statute requiring voters to produce photo ID at the polls is constitutional.

Latest Status:

Complaint filed 10/20/11. Defendant's motion to dismiss amended complaint filed 1/27/12. Plaintiff's motion for summary judgment filed 2/3/12. Decision and Order Granting Summary Declaratory Judgment and Permanent Injunction filed 3/12/12. Court of Appeals Certification of appeal for review by Wisconsin Supreme Court 3/28/12. Wisconsin Supreme Court's denial of petition for leave to appeal 4/16/12. Defendant's brief filed in Court of Appeals 5/25/12. Intervenor's brief filed 7/10/12. Plaintiffs' brief filed 8/20/12. Defendant's Petition to Bypass Court of Appeals and Motion for Stay filed in Wisconsin Supreme Court 8/21/12. Order denying motion to bypass filed 9/27/12. Court of Appeals opinion reversing trial court decision filed 5/30/13. Petition for Review filed 6/28/13. Petitioners' Brief in Wisconsin Supreme Court filed 12/20/13. Defendants-Appellants filed 1/17/14. Response Brief of Intervenors-Co-Appellants filed 1/17/14. Plaintiffs-Respondents-Petitioners' Reply Brief filed 2/6/14.

Milwaukee Branch of the NAACP v. Walker

EL@M Case Page (last modified February 8, 2014 (5:50 PM))

Date Filed: 12/16/11
State: Wisconsin
Topic(s): Voter ID
Current Court: Wisconsin Supreme Court

Case Issue:

Whether Wisconsin statute requiring voters to produce photo ID at polls violates several provisions of the Wisconsin Constitution.

Latest Status:

Complaint filed 12/16/11. Plaintiff's motion for preliminary injunction filed 1/18/12. Answer filed 2/6/12. Order granting motion for temporary injunction issued 3/12/12. Circuit court order denying Motion to Stay 3/15/12. Wisconsin Supreme Court order denying petition for leave to appeal 4/16/12. Trial held in circuit court 4/16/12 - 4/19/12 with decision expected after parties submit trial briefs by 6/18/12. Court of appeals order denying petition for leave to appeal and motion for stay 4/25/12. Permanent injunction issued by Circuit Court 7/17/12. Notice of Appeal filed 7/23/12. Defendant's Petition to Bypass Court of Appeals and Motion for Stay filed in Wisconsin Supreme Court 8/21/12. Order denying motion to bypass filed 9/27/12. Intervenors' Brief filed 10/10/12. Respondents' Brief filed 11/5/12. Intervenors' Reply Brief filed 11/21/12. State's Reply Brief filed 1/14/13. Petition to Bypass granted by Wisconsin Supreme Court 11/20/13 - case to be scheduled with League of Women Voters of Wisconsin v. Walker. Amicus brief of Disability Rights Wisconsin filed 12/13/13.

NEOCH v. Husted

EL@M Case Page (last modified February 6, 2014 (12:11 PM))

Date Filed: 10/24/06
State: Ohio
Topic(s): Voter ID, Provisional Ballots
Current Court: U.S. Court of Appeals, 6th Circuit

Case Issue:

Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.

Current Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.

Latest Status:

Emergency motion for stay of district court order pending appeal filed 11/14/12. Order granting stay filed 11/16/12. Letter setting briefing schedule filed 11/8/13. Joint Motion of Settlement for Indicative Ruling to Effects filed 1/14/14.

North Carolina NAACP v. McCrory

EL@M Case Page (last modified April 15, 2014 (1:26 PM))

Date Filed: 8/12/13
State: North Carolina
Topic(s): Voter ID, Voting Rights Act
Current Court: Middle District of North Carolina

Case 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?

Latest 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.

 

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

Veasey v. Perry

EL@M Case Page (last modified April 16, 2014 (11:16 AM))

Date Filed: 6/26/13
State: Texas
Topic(s): Voter ID, Voter Registration, Voter Supression
Current Court: District Court for the Southern District of Texas

Case 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 prupsely denying minority voters the right to vote?

Issue 4:

Does SB 14 severly burden or facially discriminate 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?

Latest Status:

Complaint filed 6/26/13. Amended Complaint filed 8/22/13. Motion to dismiss filed 10/25/13. U.S. memorandum in opposition to motion to dismiss filed 11/22/13. Order to Consolidate Cases filed 1/10/14. Amended Intervenor Complaint filed 2/3/14. Plaintiff Intervenors' First Amended Complaint filed 2/4/14. United States' Motion to Compel Production of Legislative Documents filed on 2/11/14. Defendants' Motion to Dismiss Plaintiff-Intervenors' Amended Complaint filed 2/18/14. Defendants' Response to Motion to Compel filed 2/24/14. Status Conference set for 4/8/14..

ACLU v. Schultz

EL@M Case Page (last modified April 19, 2014 (10:19 PM))

Date Filed: 8/10/12
State: Iowa
Topic(s): Voter Registration
Current Court: District Court of State of Iowa, Polk County

Case Issue:

Whether voter registration administrative rules were adopted in violation of Iowa law and whether voter registration rules exceeded the statutory authority of Iowa Secretary of State.

Latest Status:

Petition  for Judicial Review of Agency Action  filed 8/8.12. Ordering granting Petitioner's Motion for Review and Judgment on the Merits and enjoining Secretary of State from enforcing administrative rules filed 3/5/14.

Judicial Watch, Inc. v. Husted

EL@M Case Page (last modified January 15, 2014 (10:04 AM))

Date Filed: 8/30/12
State: Ohio
Topic(s): Voter Registration
Current Court: U.S. District Court for the Southern District of Ohio, Eastern Division

Case Issue:

Whether Ohio has complied with voter list maintenance obligations under section 8 of the National Voter Registration Act (NVRA).

Latest Status:

Complaint filed 8/30/12. Answer filed 9/21/12. Pre-trial conference held 11/27/12. Joint Stipulation of Dismissal filed 1/13/14.

Kobach v. EAC

EL@M Case Page (last modified April 23, 2014 (8:05 PM))

Date Filed: 8/21/13
State: National
Topic(s): Voter Registration
Current Court: United States Court of Appeals for Tenth Circuit

Case Issue:

Issue 1:

Did the EAC's failure to modify the State-specific instructions on the Federal Form to include a voter citizenship qualification constitute an agency action unlawfully withheld or unreasonably delayed under the Administrative Procedures Act, 5 U.S.C. 706(1)?

Issue 2:

Did the EAC's failure to modify the Federal Form infringe upon State sovereignty under the Tenth Amendment of the U.S. Constitution?

Issue 3:

Did the EAC's failure to modify the Federal Form constitute an agency action that was arbitrary, capricious, an abuse of discretion, or otherwise made in violation of the Administrative Procedures Act, 5 U.S.C. 706(2)?

Issue 4:

Did the EAC's failure to modify the Federal Form constitute an agency action that was in excess of statutory jurisdiction, authority, limitation, or short of statutory right under the Administrative Procedures Act, 5 U.S.C. 706(2)?

Issue 5:

Did the EAC's failure to modify the Federal Form force the Plaintiff's to choose between two "unconstitutionally coercive" regulations violating the Tenth Amendment and the Seventeenth Amendment of the U.S. Constitution?

Latest Status:

Complaint filed 8/21/13. Motion for preliminary injunction filed 10/23/13. Project Vote's motion to intervene filed 11/13/13. Inter-Tribal Council's motion to intervene filed 11/13/13. Valle Del Sol's motion to intervene filed 11/21/13. League of Women Voters' motion to intervene filed 11/21/13. EAC answer filed 11/25/13. Evidentiary Hearing set for 2/11/14 and 2/12/14. Order that EAC add language requested by Arizona and Kansas to the state-specific instructions on federal mail voter registration form filed 3/19/14. Notice of Appeal 3/27/14.

Scott v. Schedler

EL@M Case Page (last modified April 23, 2014 (8:00 PM))

Date Filed: 4/19/11
State: Louisiana
Topic(s): Voter Registration, Voter Eligibility
Current Court: U.S. Court of Appeals for the Fifth Circuit

Case Issue:

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

Latest 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.

Shelby County, Alabama v. Holder

EL@M Case Page (last modified March 22, 2014 (5:59 AM))

Date Filed: 4/27/10
State: Alabama
Topic(s): Voting Rights Act
Current Court: U.S. District Court for the District of Columbia

Case Issue:

Whether Sections 4(b) and 5 of the Voting Rights Act are unconstitutional.

Latest Status:

Appellee Attorney General Holder brief filed 12/1/11.  Amicus Brief of New York Law School Racial Justice Project filed 12/7/11. Appellant Shelby County, Alabama filed 12/15/11. Court of Appeals Opinion and Order filed 5/18/12. Petition for certiorari filed 7/20/12. Brief for Respondents in Opposition to certiorari filed 9/24/12. Petition for Certiorari granted 11/9/12. Set for argument 2/27/13. Petitioner's Brief filed 12/26/12. Reply Brief for Petitioner filed 2/19/13. Supreme Court oral argument held 2/27/13. Opinion finding section 4 unconstitutional filed 6/25/13.

Disclosure: EL@M Senior Fellow Daniel Tokaji is an amicus curiae supporting Respondents in this case. No EL@M member who participates in any lawsuit covered on the EL@M website is involved in generating the website's information or analysis on that lawsuit.

Texas v. Holder

EL@M Case Page (last modified September 13, 2013 (10:26 AM))

Date Filed: 1/24/12
State: Texas
Topic(s): Voting Rights Act, Voter ID
Current Court: U.S. District Court for the District of Columbia

Case Issue:

Whether Texas' voter ID law should be granted preclearance under section 5 of the Voting Rights Act.

Latest Status:

Complaint Filed 1/24/12. Answer filed 4/9/12. Trial commenced 7/10/12. Opinion Denying Texas' Request for a Declaratory Judgment on Count One issued 8/30/12. Plaintiff's Motion for Summary Judgment filed 10/1/12. Order entering final judgment on claim one filed 12/17/12. Notice of Appeal to Supreme Court filed 12/19/12. Lawyer's Committee Motion to Affirm filed 5/9/13. DOJ's Motion to Affirm filed 5/9/13. Rodriguez Intervenor's Motion to Affirm filed 5/9/13. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Case dismissed on 8/27/13.

United States v. Texas

EL@M Case Page (last modified August 27, 2013 (11:08 AM))

Date Filed: 8/22/13
State: Texas
Topic(s): Voting Rights Act
Current Court: District Court for the Southern District of Texas

Case Issue:

Issue:

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

Latest Status:

Complaint filed 8/22/13.

Banfield v. Aichele

EL@M Case Page (last modified February 26, 2014 (10:38 AM))

Date Filed: 8/15/06
State: Pennsylvania
Topic(s): Voting Technology
Current Court: Pennsylvania Supreme Court

Case Issue:

Whether Pennsylvania’s use of DREs (direct recording electronic voting machines) violates Pennsylvania or federal law; whether the Secretary of the Commonwealth is required to re-examine the electronic voting system at request of electors.

Latest Status:

Motions for Summary Judgment filed 8/8/11 by both Petitioner and Respondent. Opinion denying petitioners' motion for partial summary judgment issued 8/29/12. Status Conference scheduled for 1/29/13. Counts 1, 4, 5, and 6 dismissed on 1/29/13. Memorandum and opinion filed 10/1/13. Notice of Appeal filed 10/11/13. Notice of Judgment in favor of respondent filed 10/15/14. Appellant's Brief filed in Supreme Court on 1/6/14. Appellee's Brief filed 2/10/14. Appellant's Reply Brief filed 2/24/14.

Gusciora v. Christie

EL@M Case Page (last modified March 3, 2014 (1:47 PM))

Date Filed: 10/19/04
State: New Jersey
Topic(s): Voting Technology
Current Court: New Jersey Superior Court, Appellate Division

Case Issue:

Whether New Jersey's use of certain voting machines violates New Jersey constitutional and statutory law.

Latest Status:

Notice of Appeal filed 7/20/11. Appellants' brief filed 10/12/11. State's brief filed 2/8/12. Opinion filed 9/16/13. Petition for certification denied by Supreme Court of New Jersey on 2/21/14.

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

more commentary...

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.

more EL@M in the news...

Info & Analysis

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

more info & analysis...