Major Pending Election Cases

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


Case Name | State | Primary Topic | Date Filed
Case Name | State | Primary Topic | Date Filed

Ohio Democratic Party v. Husted

Case Page - last updated on August 29, 2016 (8:43 AM)
5/8/15
Ohio
Absentee Ballots, Early Voting, Voter Registration
Sixth Circuit U.S. Court of Appeals

Whether Ohio regulations and laws regarding early voting, provisional and absentee ballots, and voter registration violate the First, Fourteenth and Fifteenth Amendments, the Voting Rights Act, and the Civil Rights Act of 1964.

Complaint filed 5/8/15. Answer filed 6/10/15. Bench trial held November 2015. Findings of Fact and Conclusions of Law filed 5/24/16. Order granting in part and denying in part Defendants' Motion for Stay filed 6/9/16. Appellants' Brief filed 6/24/16. Appellees' Brief filed 7/11/16. 6th Circuit Opinion reversing District Court filed 8/23/16. Motion for Stay filed 8/27/16.


Veasey v. Abbott

Case Page - last updated on August 26, 2016 (6:06 PM)
6/26/13
Texas
Voter ID, Voter Registration, Voter Supression
US Court of Appeals for Fifth Circuit

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?

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.


Fish v. Kobach

Case Page - last updated on August 26, 2016 (5:45 PM)
2/18/16
Kansas
Voter Supression, Voter ID
U.S. Court of Appeals for the 10th Circuit

 Whether Kansas has violated the NVRA’s accessible registration system by requiring that Kansans who attempt to register to vote while applying for or renewing a driver’s license produce documents like a birth certificate or U.S. passport in order to become registered.

Complaint filed 2/18/16. Motion for preliminary injunction filed 2/26/16. Memorandum and Order regarding preliminary injunction filed 5/17/16. Notice of Appeal filed 6/15/16. Memorandum and Order Denying Motion to Certify Class filed 7/29/16. Appellants' brief in 10th Circuit filed 7/1/16. Appellees' brief filed 7/21/16. Oral Argument held at 10th Circuit 8/23/16.


Lee v. Virginia Board of Elections

Case Page - last updated on August 26, 2016 (5:39 PM)
6/11/15
Virginia
Voter ID, Voter Supression, Voting Rights Act
U.S. Court of Appeals for the Fourth Circuit

1. Whether Virginia's voter ID law and long wait times to vote violate Section 2 of the Voting Rights Act.

2. Whether Virginia's voter ID law imposes an undue burden on the right to vote, and results in disparate treatment amongst voters in violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

3. Whether the General Assembly, in enacting the voter ID law and failing to take action to prevent long wait times to vote from recurring, intended to suppress (i.e., fence out), has suppressed, and will continue to suppress the vote of Democrats.

4. Whether the General Assembly, in enacting the voter ID law and failing to take action to prevent long wait times to vote from recurring, intended, at least in part, to suppress the number of votes cast by African Americans and Latinos in violation of the Fourteenth and Fifteenth Amendments.

5. Whether the General Assembly, in enacting the voter ID law and failing to take action to reduce wait times to vote intended, at least in part, to suppress the number of votes cast by young voters in violation of the Twenty-Sixth Amendment.

Complaint filed on 6/11/2015. Motion for Stay Of Discovery and Motion To Quash filed 9/25/15. Order to Withdraw Motion To Quash filed 10/16/15. MOTION to Compel Discovery by Lee et al filed 10/19/15. Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss filed 12/18/15. Trial held February 2016. Opinion and Order upholding Virginia voter ID law filed 5/19/16. Notice of Appeal filed 5/25/16. Appellant's opening brief at the Fourth Circuit filed 7/5/16. Appellees' Brief filed 8/5/16.


Frank v. Walker

Case Page - last updated on August 26, 2016 (5:33 PM)
12/13/11
Wisconsin
Voter ID
US Court of Appeals for the Seventh Circuit

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.

District Court Opinion and Order issued 10/19/2015. Appellants' Briefs on appeal in 7th Circuit filed 12/28/15. Appellee's brief in 7th Circuit filed 1/26/16. 7th Circuit Court of Appeals opinion reversing District Court filed 4/12/16. District Court decision and order on remand in favor of plaintiffs filed 7/19/16. District Court Order Denying Stay Pending Appeal filed 7/29/16. 7th Circuit Order Granting Stay Pending Resolution of Appeal filed 8/10/16. Emergency Petition for Rehearing filed 8/11/16. 7th Circuit Order Denying Motion for Reconsideration filed 8/15/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16.


Michigan State A. Philip Randolph Institute et al v. Johnson

Case Page - last updated on August 26, 2016 (5:30 PM)
5/24/16
Michigan
Voting Rights Act, Voting Technology, Ballot Design
U.S. District Court for the Eastern District of Michigan

Whether a Michigan law abolishing straight ticket voting violates the Equal Protection Clause of the !4th Amendment, the Voting Rights Act, and the Americans with Disabilities Act

Complaint filed 5/24/16. Motion for Preliminary Injunction filed 5/27/16. Response in Opposition to Motion for Preliminary Injunction filed 6/28/16. Opinion and Order Granting Motion for Preliminary Injunction filed 7/21/16. Notice of Appeal filed 8/2/16. Sixth Circuit Opinion and Order Denying Motion for Stay Pending Appeal filed 8/17/16. Petition for Initial En Banc Hearing filed 8/18/16.


One Wisconsin Institute v. Nichol

Case Page - last updated on August 26, 2016 (5:12 PM)
5/29/15
Wisconsin
Voter ID, Early Voting, Student Voting
U.S. Court of Appeals for the Seventh Circuit

Whether several Wisconsin statutes (Act 23, Act 240, Act 76, Act 177, Act 75, Act 227, Wis. Stat. §§ 6.855-.86, Wis. Stat. § 5.02, Wis. Stat. § 6.34, Wis. Stat. § 6.79, and Wis. Stat. § 6.97) are in violation of: Section 2 of the Voting Rights Act, the First Amendment, the Fifteenth Amendment, the Twenty-Sixth Amendment, and the Equal Protection Clause of the Fourteenth Amendment. Counts are as follows.

Count I: Violations of Section 2 of the Voting Rights Act

Count II: Undue Burdens on the Right to Vote in Violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment

Count III: Disparate Treatment of Voters without a Rational Basis in Violation of the Equal Protection Clause of the Fourteenth Amendment

Count IV: Partisan Fencing in Violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment

Count V: Abridgment or Denial of the Right to Vote on the Basis of Race in Violation of the Equal Protection Clause of the Fourteenth Amendment and Fifteenth Amendment

Count VI: Abridgment or Denial of the Right to Vote on the Basis of Age in Violation of the Twenty-Sixth Amendment

Complaint filed on 5/29/15. Amended complaint filed 6/22/16. Answer filed 7/22/15. Motion to Dismiss filed 7/22/15. Opinion and Order on Defendants' Motion to Dismiss filed 12/17/15. Motion for summary judgment filed by defendants 1/11/16. Second amended complaint filed 3/25/16. Trial beginning May 16. District Court's Findings of Fact and Conclusions of Law filed 7/29/16. Motion to Stay filed 8/3/16. Notice of Appeal filed 8/3/16. Petition for Initial En Banc Review filed 8/3/16. Motion to Expedite filed 8/3/16. District Court Order denying stay in substantial part filed 8/11/16. Emergency Motion to Stay filed in Seventh Circuit 8/12/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16.


Libertarian Party of Ohio v. Husted

Case Page - last updated on August 26, 2016 (5:09 PM)
9/25/13
Ohio
Ballot Access
United States Court of Appeals for the Sixth Circuit

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?

Opinion and Order Granting Summary Judgment to Defendant issued 3/16/15. Opinion and Order finding Ohio minor party ballot access law constitutional filed 10/16/15. Motion for Summary Judgment as to Count 7 by Defendant Husted on 10/30/15. Opinion and order on discovery issues filed 2/5/16. Opinion and order granting summary judgment to defendant filed 5/20/16. Notice of Appeal filed 5/20/16. Appellant's brief filed 6/21/16. State's Appellee brief filed 7/7/16. Gregory Felsoci's Appellee brief filed 7/7/16. Appellant's reply brief filed 7/11/16. Opinion and Judgment affirming District Court filed 7/29/16. Motion to Stay Judgment filed 8/1/16. 6th Circuit Order Denying Motion for Stay filed 8/22/16. Application for Stay and Emergency Injunction filed in U.S. Supreme Court 8/23/16.


North Carolina NAACP v. McCrory

Case Page - last updated on August 25, 2016 (4:24 PM)
8/12/13
Voter ID, Voting Rights Act
United States Court of Appeals for the Fourth Circuit

Do the provisions of HB 589 (Voter ID requirements) violate Section 2 of the Voting Rights Act (42 U.S.C. 1973) and the Fourteenth and Fifteenth Amendments of the Constitution?

Fourth Circuit U.S. Court of Appeals opinion reversing District Court filed 7/29/16. Motion for Stay filed 8/3/16. Order Denying Stay filed 8/4/16. Emergency Stay Application filed with U.S. Supreme Court 8/15/16. Responses filed 8/25/16.

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


NEOCH v. Husted

Case Page - last updated on August 19, 2016 (6:18 PM)
11/6/04
Ohio
Voter ID, Provisional Ballots, Absentee Ballots
U.S. District Court for the Southern District of Ohio

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.

Subsequent 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.

Current Issue: Whether Ohio SB 205 and 216 unlawfully discriminate against minority voters and unconstitutionally burden the right to vote.

Plaintiffs' and Defendants' trial briefs filed 3/10/16. Trial at District Court held March 2016. Parties' proposed findings of fact filed 4/28/16. Defendants' post-trial brief filed 5/5/16. Plaintiffs' response to defendants' proposed findings of fact and conclusions of law filed 5/5/16. Opinion enjoining enforcement of Ohio statutes filed 6/7/16. 6th Circuit Opinion affirming District Court's attorney fee award (with some exceptions) filed 8/1/16.

Related Case: SEIU v. Husted

 

Disclosure: EL@M Senior Fellow Daniel Tokaji is one of the attorneys representing amici League of Women Voters of Ohio and Common Cause of Ohio 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.


Alabama Democratic Conference v. Alabama

Case Page - last updated on August 19, 2016 (5:46 PM)
8/10/12
Alabama
Redistricting
United States District Court Middle District of Alabama

Whether Alabama’s effort to redraw the lines of each majority-black district to have the same black population as it would have using 2010 census data as applied to the former district lines, when combined with the state's new goal of significantly reducing population deviation among districts, amounted to an unconstitutional racial quota and racial gerrymandering that is subject to strict scrutiny and that was not justified by the putative interest of complying with the non-retrogression aspect of Section 5 of the Voting Rights Act; and whether these plaintiffs have standing to bring such a constitutional claim.

Appellees' Motion to Dismiss or Affirm filed in U.S. Supreme Court 4/21/14. Appellants' Reply filed 5/5/14. Appellees' Brief filed 10/9/14. Appellants' Reply Brief filed 10/28/14. U.S. Supreme Court Opinion filed 3/25/15. Judgment filed 4/27/15. District Court order denying summary judgment filed 4/28/15. Plaintiffs' post-remand brief filed 6/12/15. Defendants' post-remand brief filed 7/24/15. Order for plaintiffs to file new statewide redistricting plan 8/28/15. Defendants' Notice of Supplemental Authority (U.S. Supreme Court case of Harris v. Arizona Independent Redistricting Commission) filed 4/22/16.

U.S. Supreme Court case decided with Alabama Legislative Black Caucus v. Alabama, No. 13-1138.


In re 2016 Primary Election

Case Page - last updated on August 19, 2016 (5:42 PM)
3/15/16
Ohio
Polling Place Notices
Sixth Circuit U.S. Court of Appeals

(1) Whether a federal court has jurisdiction to order state elections officials to extend polling hours or re-open polls with no complaint filed, no identified plaintiff, no federal cause of action or basis for federal jurisdiction identified, and no state action at issue.

(2) Whether a federal court may grant relief without identifying any state action that constituted a violation of law to be remedied.

(3) Whether a federal court may grant relief with no process preceding the decision, specifically, (a) no filed complaint or motion, (b) no advance notice to Defendant Ohio Secretary of State or affected County Boards of Elections; and (c) none of the prerequisites of Fed. R. Civ. P. 65 satisfied, such as the notice under Rule 65(a), requirements to forgo notice under Rule 65(b)(1), or a stated basis for the lack of notice under Rule 65(b)(2).

(4) Whether a federal court may order polls to be kept open in an order issued after closing time was reached, in light of this Court's and the Supreme Court's repeated admonishments discouraging such last-minute orders, and in light of the impossibility of contacting hundreds of polling locations that were already closing before the order issued.

Order issued 3/15/16. Notices of Appeal filed 4/11/16. Order directing clerk to appoint counsel to defend District Court order filed 5/2/16. Appearance entered by attorney Rachel Bloomekatz to defend District Court order 5/11/16. Appellants' Brief filed 6/23/16. Appointed Counsel Brief filed 7/14/16.


League of Women Voters of North Carolina v. Howard

Case Page - last updated on August 16, 2016 (9:33 AM)
8/12/13
Voter ID, Voting Rights Act, Voter Supression
United States Court of Appeals for the Fourth Circuit

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?

Trial on photo identification requirement held beginning 1/25/16. Opinion upholding voter ID law issued 4/25/16. Notice of Appeal filed 5/6/16. Appellants' brief filed 5/19/16. Brief of U.S. as appellant filed 5/19/16. Court of Appeals order extending District Court's stay filed 6/7/16. Appellees' brief filed 6/9/16. Oral Argument held 6/21/16. Fourth Circuit Decision Reversing District Court filed 7/29/16. Motion for Stay filed 8/3/16. Order Denying Stay filed 8/4/16. Emergency Stay Application filed with U.S. Supreme Court 8/15/16. See North Carolina NAACP v. McCrory for filings.

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


Hindel v. Husted

Case Page - last updated on August 12, 2016 (5:53 PM)
12/7/15
Ohio
Absentee Ballots, Voting Technology
U.S. District Court for the Sourthern District of Ohio

Whether Ohio is violating the Americans with Disabilities Act by allegedly not providing equal opportunity for blind voters to vote absentee and access the Ohio Secretary of State's voter services website.

Complaint filed 12/7/15. Motion for preliminary injunction filed 12/7/15. Answer filed 2/5/16. Motion for judgment on the pleadings filed 2/5/16. Plaintiffs' response in opposition filed 2/29/16. Motion for permanent injunction filed 4/816. Defendant's memorandum in opposition to motion for permanent injunction filed 4/25/16. Opinion and order granting defendant's motion for judgment on the pleadings filed 5/11/16. Motion for reconsideration filed 7/7/16.


Common Cause v. Kemp

Case Page - last updated on August 12, 2016 (5:50 PM)
2/10/16
Georgia
Voter Registration
District Court

Whether a Georgia statute authorizing the removal of voters from registration lists after a period of inactivity violates the First Amendment and the National Voter Registration Act.

Complaint filed 2/10/16. Motion to Dismiss filed 3/4/16. DOJ Statement of Interest filed 5/4/16.


True the Vote, Inc. v. IRS

Case Page - last updated on August 8, 2016 (11:42 AM)
5/21/13
Campaign Finance
U.S. Court of Appeals for the District of Columbia Circuit

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.

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. Plaintiffs' Motion for Preliminary Injunction and Expedited Discovery filed 6/30/14. Order denying Motion for Discovery and Motion for Preliminary Injunction filed 8/7/14. Order granting Motion to Dismiss filed 10/22/14. Plaintiff's Notice of Appeal filed 12/18/14. Order that appeal be held in abeyance filed 5/8/15. Oral argument at D.C. Circuit held 4/14/16. D.C. Circuit Court opinion affirming in part, reversing in part, filed 8/5/16.


Whitford v. Nichol

Case Page - last updated on August 2, 2016 (11:16 AM)
7/8/15
Wisconsin
Redistricting
U.S. District Court for the Western District of Wisconsin

Whether Wisconsin's redistricting plan violates the Equal Protection Clause of the 14th Amendment, the First Amendment right to freedom of association, and plaintiffs' civil rights under 42 U.S.C. 1982 and 1988.

Complaint filed 7/8/15. Opinion and Order denying defendants' motion to dismiss filed 12/17/15. Opinion and Order denying defendants' motion for summary judgment filed 4/7/16. Trial briefs filed 5/16/16. Post-trial briefs filed 6/10/16.


Perez v. Texas

Case Page - last updated on August 1, 2016 (3:15 PM)
5/9/11
Texas
Redistricting, Vote Dillution
US District Court for the Western District of Texas

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.

Motion for Preliminary Injunction by Debbie Allen et al filed 10/14/15. Order denying preliminary injunction filed 11/16/15. Order for supplemental briefing in light of Harris v. Arizona Independent Redistricting Commission filed 4/20/16.


Ohio A. Philip Randolph Institute and NEOCH v. Husted

Case Page - last updated on August 1, 2016 (2:45 PM)
4/6/16
Ohio
Voter Eligibility, Voter Supression
United States Court of Appeals for the Sixth Circuit

Whether the removal of eligible voters from Ohio’s voter-registration rolls, as a result of those voters’ decisions not to participate in recent elections, violates the roll-maintenance provisions of the National Voter Registration Act and has caused eligible Ohio citizens to be deprived of the right to vote.

Complaint  04/06/2016. Answer filed 4/28/16. Amended complaint filed 5/17/16. Defendant's merit brief filed 5/24/16. Plaintiffs' motion for summary judgment and motion for permanent or temporary injunction filed 5/24/16. Order denying Plaintiffs' motion for summary judgment and permanent or temporary injunction, and entering judgment for defendant filed 6/29/16. Appellants' brief at 6th Circuit filed 7/13/16. Appellee's brief filed 7/20/16.

Disclosure: EL@M Senior Fellow Daniel Tokaji is involved in this case as one of the cooperating attorneys for the ACLU of  Ohio. 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.


Feldman v. Arizona

Case Page - last updated on August 1, 2016 (2:40 PM)
4/15/16
Arizona
Voter Supression
U.S. District Court for the District of Arizona

Whether Arizona's allegedly insufficient number of polling places disenfranchised voters in violation of the Equal Protection Clause, the First Amendment, and section 2 of the Voting Rights Act.

Complaint filed 4/15/16. Amended complaint filed 4/19/16. Motion for Preliminary Injunction filed 6/10/16. Motion to Dismiss filed 6/17/16.


Huerena v. Reagan

Case Page - last updated on July 28, 2016 (11:48 AM)
6/2/16
Arizona
Improper Election Administration
Maricopa County Superior Court

Whether a reduction in polling places violated the Arizona Constitution and statutory law during the primary election in Maricopa County

Complaint filed 6/2/16. Answer filed 7/6/16. Motion to Dismiss filed 7/6/16. Memorandum opposing motion to dismiss filed 7/20/16.


Correll v. Herring et al

Case Page - last updated on July 26, 2016 (10:12 AM)
6/24/16
Virginia
Selection of Presidential Electors
District Court

Whether Virginia law restricting delegates to a political party's national convention from voting their conscience violates the First Amendment rights to free speech and association.

Complaint (filed 06/24/16). Motion for Temporary Restraining Order and Preliminary Injunction(filed 06/24/16). Order (filed 6/28/16). Amended Complaint (filed 6/29/16). Motion to Intervene (filed 6/30/16). Order granting Motion to Intervene (filed 7/1/16). Opinion and Order for Plaintiff filed 7/11/16.


League of Women Voters v. Newby

Case Page - last updated on July 26, 2016 (9:54 AM)
2/12/16
Voter Registration
United States District Court for the District of Columbia

Whether the EAC unlawfully permitted certain states to modify the national uniform mail-in voter registration form by requiring documentary proof of citizenship.

Complaint and Motion for Temporary Restraining Order and Preliminary Injunction filed 02/12/16. Answer filed 4/22/16. Opinion denying motion for preliminary injunction filed 6/29/16.


SEIU v. Husted

Case Page - last updated on May 16, 2016 (11:08 AM)
6/22/12
Ohio
Provisional Ballots
U.S. District Court for the Southern District of Ohio

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.

For latest updates, see NEOCH v. Husted.


LULAC v. Deininger

Case Page - last updated on May 12, 2016 (1:04 PM)
2/23/12
Wisconsin
Voter ID
U.S. District Court for the Eastern District of Wisconsin

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

For latest updates, see Frank v. Walker.


Currie v. North Carolina

Case Page - last updated on May 6, 2016 (3:47 PM)
8/12/13
Voter ID, Voter Supression, Voting Rights Act
North Carolina Orange County Superior Court

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?

Complaint filed 8/12/13. Answer filed 11/14/13. Plaintiff's Motion for Judicial Conference filed 9/16/14. Order regarding Motion for Judgment on Pleadings filed 2/24/15. Defendants' Motion to Dismiss filed 6/30/15. Plaintiff's Motion to Amend and Motion for Temporary Stay until after primary election filed 7/2/15.


Harris v. Arizona Independent Redistricting Commission

Case Page - last updated on April 20, 2016 (11:46 AM)
4/29/14
Arizona
Redistricting
US Supreme Court

1. Does the desire to gain partisan advantage for one political party justify intentionally creating over-populated legislative districts that result in tens of thousands of individual voters being denied Equal Protection because their individual votes are devalued, violating the one-person, one-vote principle?  

2. Does the desire to obtain favorable preclearance review by the Justice Department permit the creation of legislative districts that deviate from the one-person, one-vote principle? And, even if creating unequal districts to obtain preclearance approval was once justified, is this still a legitimate justification after Shelby County v. Holder, 133 S.Ct. 2612 (2013)?  

3. Was the Arizona redistricting commission correct to disregard the majorityminority rule and rely on race and political party affiliation to create Hispanic “influence” districts?

Jurisdictional Statement (filed 8/25/14). Motion to dismiss or affirm filed by appellees Arizona Independent Redistricting Commission, et al. (filed 11/13/14). Brief of appellee Arizona Secretary of State Michele Reagan in support of appellants (filed 09/04/15). Brief of appellants Wesley W. Harris, et al. (filed 09/04/15). Brief of appellee Arizona Independent Redistricting Commission (filed 10/26/15). Oral argument held 12/8/15. Opinion filed 4/20/16.


United States v. North Carolina

Case Page - last updated on June 5, 2015 (9:22 AM)
9/30/13
Early Voting, Voting Rights Act, Voter ID
Middle District of North Carolina

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?


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