Major Pending Election Administration 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

Shelby County, Alabama v. Holder

Case Page - last updated on December 18, 2014 (2:58 PM)
4/27/10
Alabama
Voting Rights Act
U.S. Court of Appeals for the District of Columbia Circuit

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

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. Order denying Plaintiffs' Motion for Attorney's Fees filed 5/28/14. Notice of Appeal filed 6/3/14. Appellant's Brief filed 10/28/14. Appellee's Brief filed 12/12/14,

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.

Alabama Democratic Conference v. Alabama

Case Page - last updated on November 14, 2014 (9:11 AM)
8/10/12
Alabama
Redistricting
United States Supreme Court

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 4/21/14. Appellants' Reply filed 5/5/14. Appellees' Brief filed 10/9/14. Appellants' Reply Brief filed 10/28/14.


Arizona Legislature v. Arizona Independent Redistricting Commission

Case Page - last updated on December 8, 2014 (7:10 PM)
6/7/12
Arizona
Redistricting
U.S. Supreme Court

(1) Whether the Elections Clause of the United States Constitution and 2 U.S.C. 2a(c) permit Arizona's use of a commission to adopt Congressional districts, and

(2) Whether the Arizona Legislature have standing to bring suit

Amended Complaint filed 7/20/2012. Answer to Amended Complaint filed 8/10/12. Order granting Defendant's Motion to Dismiss and denying Plaintiff's Motion for Preliminary Injunction filed 2/21/2014.


Barber et al. v. Bennett

Case Page - last updated on December 12, 2014 (9:52 AM)
11/30/-1
Arizona
Provisional Ballots, Early Voting, Redistricting
District of Arizona

Whether election officials handling of early ballots and provisional ballots violates the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment.

Complaint filed 11/24/14. Motion for Preliminary Injunction and TRO filed 11/24/14. McSally's Response in Opposition to Motion for Preliminary Injunction filed 11/25/14. McSally's Motion to Dismiss filed 11/25/14. Defendant's Response to Motion for Preliminary Injunction filed 11/25/14. Order  denying 11/27/14. Answer filed 12/11/14.


Citizen Center v. Gessler

Case Page - last updated on November 25, 2014 (7:41 PM)
2/13/12
Colorado
Improper Election Administration, Voting Technology
United States 10th Circuit Court of Appeals

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

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 held 3/17/14. Opinion reversing in part, affirming in part filed 10/21/14.


Arcia v. Detzner

Case Page - last updated on December 12, 2014 (9:48 AM)
6/19/12
Florida
Voter Fraud, Voter Eligibility, State Voter Registration Databases
U.S. District Court for the Southern District of Florida

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

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. Opinion vacated and new opinion issued 11/17/14.


Williams-Yulee v. Florida Bar

Case Page - last updated on December 10, 2014 (11:29 AM)
2/9/11
Florida
Campaign Finance
United States Supreme Court

Whether a rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment

Complaint filed 2/9/2011. Answer filed 3/7/2011. Opinion filed 5/1/2014. Petition for Writ of Cert filed 8/22/14. Reply to Petition filed 8/26/14. Petition granted 10/2/14. Petitioner's brief filed 11/17/14.


ACLU v. Schultz

Case Page - last updated on November 6, 2014 (7:41 PM)
8/8/12
Iowa
Voter Registration
Iowa Supreme Court

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.

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. Final briefs of appellant, appellees, and amici curiae filed in Iowa Supreme Court 10/20/14.


Scott v. Schedler

Case Page - last updated on December 18, 2014 (3:51 PM)
4/19/11
Louisiana
Voter Registration, Voter Eligibility
U.S. Court of Appeals for the Fifth Circuit

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

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.


Kobach v. EAC

Case Page - last updated on November 7, 2014 (6:06 PM)
8/21/13
National
Voter Registration
District Court of Kansas

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?

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. Defendant-Intervenors' Notice of Appeal filed 3/27/14. Defendant-Intervenors' Motion for Stay Pending Appeal filed 3/28/14.  Defendant's Notice of Appeal filed 4/8/14. Order Granting Motion to Consolidate Appeals filed 4/15/14. Plaintiffs' Opposition to Motion to Stay filed 4/18/14. Plaintiffs' Motion to Compel filed 4/18/14. Defendants' Opposition to Expedited Motion to Compel and Support of Motion to Stay filed 4/22/14. Order denying motion to stay case filed 5/7/14. Appellants' Motion for Expedited Consideration and Stay Pending Appeal filed 5/8/14. Order for Temporary Stay filed 5/8/14. Order granting Stay Pending Appeal and Expedited Review filed 5/19/14. Appellants' Brief filed 5/21/14. Appelles' Response Brief filed 6/30/14. Appellants' Reply Brief filed 7/28/14. 10th Circuit opinion issued 11/7/14.


North Carolina NAACP v. McCrory

Case Page - last updated on December 8, 2014 (6:52 PM)
8/12/13
Voter ID, Voting Rights Act
Middle District of North Carolina

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?

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. Motion to Quash Subpoenas to State Legislators filed 1/20/14. Plaintiffs' Motion to Compel Production of Documents filed 1/24/14. Defendants' Motion for a Protective Order filed 2/17/14. Order that Motion to Quash and Motion to Compel granted in part, denied in part filed on 3/27/14. Legislative Movants' Objection to March 27th Order filed 4/2/14. Motion to Stay March 27th Order filed 4/2/14. Order granting motion to stay filed 4/2/14. United States' and Plaintiffs' Opposition to Objection as to Order on Legislative Privilege filed 4/14/14. Order that Legislators' Pending Objections are overruled in part and sustained in part filed 5/15/14. Plaintiffs' Motion for Preliminary Injunction filed 5/19/14. Plaintiffs' Response regarding Legislative Immunity filed 6/25/14. Defendants' Response to Plaintiffs' Motion to Compel filed 6/26/14. Order granting Motion to Expedite and Motion to Compel filed 6/26/14. Various Plaintiffs' Motions to Stroke filed 6/30/14. Order denying Motion for Summary Judgment and Motion for Preliminary Injunction filed 8/8/14. Notice of appeal filed 8/18/14. Order Denying Emergency Motion for Preliminary Injunction Pending Appeal filed 9/9/14. 4th Circuit Opinion filed 10/1/14. Emergency Application for Stay filed in U.S. Supreme Court 10/2/14. District Court's Order Granting Preliminary Injunction filed 10/3/14. Letter regarding District Court's Order filed in U.S. Supreme Court 10/3/14. Letter in response filed in U.S. Supreme Court 10/3/14. Discovery due 3/6/15.

 For appellate case and further district court filings, see  League of Women Voters of North Carolina v. Howard.

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

 


League of Women Voters of North Carolina v. Howard

Case Page - last updated on December 18, 2014 (3:42 PM)
8/12/13
Voter ID, Voting Rights Act, Voter Supression
Middle District of North Carolina

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?

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. Motion to Quash Subpoenas to State Legislators filed 1/20/14. Plaintiffs' Motion to Compel Production of Documents filed 1/24/14. Intervenor Complaint against the State filed 1/28/14. Defendants' Motion for a Protective Order filed 2/17/14. Defendants' Answer to Intervenor Complaint filed 2/18/14. Order that Motion to Quash and Motion to Compel granted in part, denied in part filed on 3/27/14. Legislative Movants' Objection to March 27th Order filed 4/2/14. Motion to Stay March 27th Order filed 4/2/14. Order granting motion to stay filed 4/2/14. United States' and Plaintiffs' Opposition to Objection as to Order on Legislative Privilege filed 4/14/14. Order that Legislators' Pending Objections are overruled in part, sustained in part filed 5/15/14. Plaintiffs' Motion for Preliminary Injunction filed 5/19/14. Plaintiffs' Motion to Compel filed 6/25/14. Order granting Motion to Expedite and Motion to Compel filed 6/26/14. Plaintiffs' Various Motions to Strike filed 6/30/14. Order denying Motion for Summary Judgment and Motion for Preliminary Injunction filed 8/8/14. Order reversing in part and affirming in part District Decision filed 10/1/14. Appellee's Motion to Recall Mandate filed 10/1/14. Order Denying Motion to Recall Mandate filed 10/2/14. Emergency Application for Stay of Fourth Circuit Mandate filed in U.S. Supreme Court 10/2/14. Response to Emergency Application filed 10/5/14.  SCOTUS order granting stay filed 10/8/14. Discovery due 3/6/15.

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


Currie v. North Carolina

Case Page - last updated on September 21, 2014 (8:09 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.


United States v. North Carolina

Case Page - last updated on December 8, 2014 (6:15 PM)
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?

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. Motion to Quash Subpoenas to State Legislators filed 1/20/14. Plaintiffs' Motion to Compel Production of Documents filed 1/24/14. Defendants' Motion for a Protective Order filed 2/17/14. Order that Motion to Quash and Motion to Compel granted in part, denied in part filed on 3/27/14. Legislative Movants' Objection to March 27th Order filed 4/2/14. Motion to Stay March 27th Order filed 4/2/14. Order granting motion to stay filed 4/2/14. United States' and Plaintiffs' Opposition to Objection as to Order on Legislative Privilege filed 4/14/14. Order denying motion to consolidate cases filed on 4/22/14. Order that Legislators' Pending Objection are overruled in part, sustained in part filed on 5/15/14. Plaintiffs' Motion for Preliminary Injunction filed 5/19/14. Plaintiffs' Motion to Compel filed 6/25/14. Order granting Motion to Expedite and Motion to Compel filed 6/26/14. Plaintiffs' Various Motions to Strike filed 6/30/14. Order denying Motion for Summary Judgment and Motion for Preliminary Injunction filed 8/8/14. Notice of Appeal filed 8/18/14. Discovery due 3/6/14.

For appellate case and further district court filings, see  League of Women Voters of North Carolina v. Howard

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

 


SEIU v. Husted

Case Page - last updated on November 28, 2014 (8:50 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.

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. Order granting Motion to vacate filed 1/31/14. Order vacating Nov. 13, 2012 Order filed 2/7/14. Notice of Appeal filed 10/28/14. Notice of Cross-Appeal filed 11/7/14.


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

Case Page - last updated on November 21, 2014 (1:28 PM)
10/15/12
Ohio
Absentee Ballots
Sixth Circuit U.S. Court of Appeals

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.

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. Defendant and Plaintiffs' Motion for Summary Judgment filed 6/5/14. Defendant and Plaintiffs' Replies to Motion for Summary Judgment filed 6/30/14. Defendant's Reply to Motion for Summary Judgment filed 7/14/14. Plaintiffs' Reply in Support of Motion for Summary Judgment filed 7/15/14. Order granting Plaintiff's Motion for Summary Judgment filed 9/16/14. Defendant's Notice of Appeal filed 10/15/14. Opinion finding lack of standing filed 10/24/14. Order dismissing case filed 11/20/14.


Libertarian Party of Ohio v. Husted

Case Page - last updated on December 18, 2014 (3:56 PM)
9/25/13
Ohio
Ballot Access
Southern District of Ohio

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?

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. Libertarian Party's Reply Brief filed 4/13/14.  Oral Argument set for 4/22/14. Opinion and Order Affirming District Court filed 5/1/14. Motion for Stay filed 5/1/14. Order Denying Stay filed 5/1/14. Order denying Stay Request filed 5/1/14. Order denying rebanc hearing filed 6/4/14. Mandate filed 6/12/14. Plaintiffs' Motion to Compel Production from Secretary filed 7/8/14. Order granting Motion to Compel filed 7/11/14. Defendants' Objection to Order filed 7/18/14. Order overruling objection to Magistrate's opinion, granting plaintiff's motion to compel, and denying motion for protective order filed 7/24/14. Order denying Motion to Compel filed 7/31/14. Order granting Motion to Compel filed 8/12/14. Intervenor Plaintiffs Motion for Summary Judgment filed 8/15/14. Plaintiffs' Motion for Attorney Fees filed 8/18/14. Plaintiffs' Motion to Quash Subpoenas Duces Tecum filed 8/24/14. Intervenor-Defendant's Response to Plaintiff's Motion for Protective Order filed 8/29/14. Plaintiff's Third Amended Complaint filed 9/11/14. Defendants' Motion for Summary Judgment filed 9/17/14. Order denying Plaintiff's Motion for TRO filed 9/24/14. Answer to Amended Complaint filed 9/29/14. Opinion and Order Denying Motion for Preliminary Injunction filed 10/17/14.


Susan B. Anthony List v. Driehaus

Case Page - last updated on October 28, 2014 (8:35 PM)
10/4/10
Ohio
Improper Election Communications
U.S. District Court for the Southern District of Ohio

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.

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. Argument held on April 22, 2014. Opinion reversing lower court issued June 16, 2014. Motion to expedite opinion filed 7/24/14. Mandate filed 7/24/14. Order by District Court permanently enjoining enforcement of political false-statements law filed 9/11/14.


NAACP v. Husted

Case Page - last updated on December 8, 2014 (6:48 PM)
5/1/14
Ohio
Early Voting
U.S. Court of Appeals for the Sixth Circuit

Whether Ohio's reduction of early voting days and elimination of same-day registration violates Equal Protection and Section 2 of the Voting Rights Act.

Complaint filed 5/1/2014. Preliminary Pretrial Conference set for 7/2/14. Answer filed 5/23/14. Motion for Preliminary Injunction filed 6/30/14.Plaintiffs' Filing of Amended Declaration filed 7/1/14. Order filed 7/2/14. Ohio General Assembly's Motion to Intervene filed 7/11/14. Order denying Ohio General Assembly's Motion to Intervene filed 7/3014. Emergency Motion for Reconsideration as to Motion to Intervene filed 7/30/14. Order denying Motion for Reconsideration filed 7/31/14. Memorandum Opinion and Order Granting Motion for Preliminary Injunction filed 9/4/14. Sixth Circuit order expediting review filed 9/11/14. Sixth Circuit order denying stay pending appeal filed 9/12/14. Appellants' Brief filed 9/15/14. Appellees' Brief filed 9/19/14. Opinion affirming District Court filed 9/24/14. Emergency Petition for Rehearing En Banc filed 9/24/14. Appellees' response to emergency petition filed 9/25/14. Emergency Application of Husted and DeWine for Stay filed 9/25/14 in U.S. Supreme Court. Emergency Application of Ohio General Assembly filed in U.S. Supreme Court 9/25/14. Response of NAACP et al filed 9/27/14. Reply of Husted and DeWine filed 9/28/14. Order Granting Stay filed 9/29/14. Ohio General Assembly's Third Motion to Intervene filed 11/10/14. Plaintiffs' Opposition to Motion to Intervene filed 11/25/14. Opinion and Order Denying Motion to Intervene filed 11/26/14.


NEOCH v. Husted

Case Page - last updated on December 8, 2014 (7:06 PM)
11/6/04
Ohio
Voter ID, Provisional Ballots
U.S. Court of Appeals, 6th Circuit

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.

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. Order Granting Motion to Vacate filed 1/31/14. Ordering granting Motion f for Extension of Time filed 2/4/14. Order for Limited Remand filed 2/7/14. Notice that appeal dismissed filed 3/7/14. Plaintiffs' Motion to file Second Supplemental Complaint filed 10/30/14. Notice of Appeal filed 11/4/14. Notice of Cross Appeal filed 11/7/14.


Harris v. Brown

Case Page - last updated on December 16, 2014 (9:28 AM)
12/8/14
Oregon
Improper Election Administration
Multnomah County Circuit Court

In the voting on Oregon's ballot measure concerning the labeling of genetically-modified food, was the Oregon Secretary of State required by Oregon law to count certain ballots whose signatures did not match signatures on file with election offices?

Complaint filed 12/08/14. Memorandum in support of motion for temporary restraining order filed 12/08/14. TRO denied 12/10/14. Plaintiffs reported to have conceded 12/11/14.


Banfield v. Aichele

Case Page - last updated on November 4, 2014 (6:51 PM)
8/15/06
Voting Technology
Pennsylvania Supreme Court

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.

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. Pennsylvania Supreme Court oral argument held 9/10/14.


Perez v. Texas

Case Page - last updated on December 5, 2014 (10:50 AM)
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.

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. Defendants' Motion for Sanctions filed 4/14/14. United States' Motion to Compel the Production of Legislative Documents filed 4/16/14. Notice of Withdrawal of Motion for Sanctions filed 4/16/14. Order granting in part, denying in part Motion to Compel filed 5/6/14. Defendants' Motion to Dismiss filed 5/14/14. Defendants' Motion for Summary Judgment filed 5/14/14. Order denying Motion for Reconsideration filed 5/20/14. Defendants' Second Motion for Sanctions against LULAC filed 5/21/14. Defendants' Motion for Protective filed 5/23/14. Quesada Plaintiffs' Motion to Compel Discovery filed 5/27/14. Order granting Motion for Protective Order filed 5/20/14. Task Force and MALC's Motion for Protective Order filed 5/30/14. Order granting Motion to Compel Testimony filed 6/2/14. Order granting in part and denying in part Motion to Compel filed 6/5/14. Order granting in part and denying in part Motion to Dismiss filed 6/17/14. Order denying Motion for Reconsideration filed 6/18/14. Order granting United States' Motion for Judicial Notice in part filed 6/20/14. United States' Motion to Compel the Production of Documents filed 6/23/14. Order that Summary Judgment granted for 15th amendment claims filed 6/23/14. Order granting in part and denying in part Motion to Compel filed 7/914. Order granting in part and denying in party Motion to Exclude filed 7/9/14. Order granting in part and denying in part Motion to Compel filed 7/11/14. Defendants' Motion for Judicial Notice filed 7/19/14. Oral Order withdrawing Motion for Discovery, granting Motion to file Sealed Document, and granting Motion for Judicial filed 7/19/14. NAACP's Trial Brief, Defendant's Trial Brief, MALC's Trial Brief,  United States' Trial Brief, and Task Force's Trial Brief  filed 7/25/14.


Texas v. United States

Case Page - last updated on December 18, 2014 (3:46 PM)
7/19/11
Texas
Redistricting
United States Court of Appeals for the District of Columbia Circuit

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

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. Order filed 6/18/14. Notice of Appeal filed 6/23/14. Plaintiffs' Motion to Stay filed 6/23/14. Order granting Motion to stay filed 6/24/14. Texas' opening Court of Appeals brief filed 12/15/14. Joint appendix filed 12/15/14.


Davis v. Perry

Case Page - last updated on August 2, 2014 (3:14 PM)
9/22/11
Texas
Redistricting, Vote Dillution
US Court of Appeals for the Fifth Circuit

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

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. Amended Notice of Appeal filed 1/31/14. Appellee's Brief filed 6/9/14. Appellant's Reply Brief filed 6/25/14. Oral Argument filed 10/27/14.


Voting for America v. Skeen

Case Page - last updated on October 28, 2014 (8:25 PM)
2/13/12
Texas
State Voter Registration Databases, Voter Registration
U.S. District Court for the Southern District of Texas

Whether Texas' state voter registration procedures violate the NVRA.

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. Order denying motion to dismiss filed 1/29/14. Motion for Leave to file a Second Amended Complaint filed 4/7/14. Order for Recusal filed 9/22/14.


Veasey v. Perry

Case Page - last updated on December 8, 2014 (6:31 PM)
6/26/13
Texas
Voter ID, Voter Registration, Voter Supression
District Court for the Southern District of Texas

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?

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. Order on Motion to Compel filed 4/3/14. Defendants' Motion to Compel the Production of Documents filed 4/7/14. Third Party Legislators' Motion to Quash Subpoenas filed 4/25/14. US' Request for Judicial Notice filed 4/25/14. United States' Motion for Protective Order filed 5/12/14. Order regarding Discovery filed 6/6/14. Defendants' Motion to Compel filed 6/10/14. Defendant's Motion for a Protective Order filed 6/17/14. Order denying Motion to Quash filed 6/18/14. United States' Motion for a Protective Order filed 6/26/14. Order Granting Motion for Judicial Notice filed 7/10/14. Defendants' Answer to Veasey-LULAC's Amended Complaint filed 7/16/14. Defendants' Answer to United States' Complaint filed 7/16/14. Defendants' Answer to MALC's Complaint filed 7/16/14. Defendants' Answer to Oritz's Complaint filed 7/16/14. Defendants' Answer to Texas Association of Hispanic County Judges filed 7/16/14. Veasey-LULAC Plaintiff's Motion to Compel filed 7/18/14. Plaintiff's Response to Motion to Compel filed 7/21/14. Veasey-LULAC Plaintiff's Response to Motion to Compel filed 7/22/14. Order granting in part, denying in part Motion for Protective Order filed 7/24/14. Defendant's Motion to Compel Production filed 7/25/14. Judgment filed 8/5/14. Joint Motion to Dismiss Defendants' Affirmative Defenses filed 8/11/14. Defendant's Motion to Compel filed 8/22/14. Defendant's Proposed Finding of Facts filed 8/22/14. United States' Notice of Stipulations filed 8/28/14. Plaintiff's Proposed Finding of Facts filed 9/18/14. Opinion striking down voter ID law filed 10/9/14. Fifth Circuit's order granting emergency motion for stay pending appeal filed 10/14/14. LULAC plaintiffs' Emergency Application to Vacate Stay filed 10/15/14. Texas Chapter of NAACP et al plaintiffs' Emergency Application to Vacate Stay filed 10/15/14. DOJ's Emergency Application to Vacate Stay filed 10/15/14. Order denying Stay filed 10/18/14.


United States v. Texas

Case Page - last updated on August 27, 2013 (11:08 AM)
8/22/13
Texas
Voting Rights Act
District Court for the Southern District of Texas

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?

Complaint filed 8/22/13.


Wagner v. Federal Election Commission

Case Page - last updated on April 29, 2014 (12:30 PM)
10/19/11
Campaign Finance
U.S. Court of Appeals for the D.C. Circuit

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

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. Plaintiffs' Supplemental Brief filed 4/25/14.


True the Vote, Inc. v. IRS

Case Page - last updated on October 24, 2014 (8:58 AM)
5/21/13
Campaign Finance
U.S. District Court for the District of Columbia

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.


Frank v. Walker

Case Page - last updated on November 5, 2014 (3:36 PM)
12/13/11
Wisconsin
Voter ID
United States District Court for the Eastern District of Wisconsin

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.

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. Decision and Order striking down voter ID law filed 4/29/14. Notice of Appeal filed 5/12/14. Appellants' Brief filed 6/23/14. Appellees' Frank Brief filed 7/23/14. LULAC's Brief filed 7/23/14. Frank Appellees' Brief filed 7/23/14. 7th Circuit order granting stay filed 9/12/14. Emergency Petition for Rehearing filed 9/16/14. Appellant's Response to Petition for Rehearing filed 9/23/14. Order denying Motion for Rehearing filed 9/26/14. Opinions issued 9/30/14. Emergency Application to Vacate Stay filed with SCOTUS 10/2/14. Opinion reversing District Court filed 10/6/14. Memorandum in opposition to SCOTUS emergency application filed 10/6/14. Emergency Application to Stay Seventh Circuit Order filed 10/8/14. SCOTUS order granting application to vacate stay filed 10/9/14. 7th Circuit Opinion on Request to Rehear En Banc filed 10/10/14.


LULAC v. Deininger

Case Page - last updated on November 5, 2014 (3:41 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.

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. Decision and Order striking down voter ID law filed 4/29/14. Notice of Appeal 5/12/14. Defendants' Motion to Stay Permanent Injunction filed 5/12/14. Appellants' Brief filed 6/23/14. Order denying Motion to file Amicus Curiae filed 7/21/14. Frank Appellees' Brief filed 723/14. LULAC's Brief filed 7/23/14. 7th Circuit order granting stay filed 9/12/14. Emergency Petition for Rehearing filed 9/16/14. Appellant's Response to Petition for Rehearing filed 9/23/14. Order denying Motion for Rehearing filed 9/26/14. Opinions filed 9/30/14. Emergency Application to Vacate Stay filed in SCOTUS 10/2/14. Opinion reversing District Court filed 10/6/14. Memorandum in opposition to SCOTUS emergency application filed 10/6/14. Emergency Motion to Stay Seventh Circuit's Order filed 10/8/14. SCOTUS order granting application to vacate stay filed 10/9/14. 7th Circuit opinion on request to rehear en banc filed 10/10/14.

 


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