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 May 16, 2015 (8:52 AM)
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. Joint Appellee's Brief filed 12/22/14. Appellant Reply Brief filed 1/16/15. Oral argument heard on 4/10/15.

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 August 29, 2015 (1:56 PM)
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. Opinion filed 3/25/15. Judgment filed 4/27/15.

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


Arizona Legislature v. Arizona Independent Redistricting Commission

Case Page - last updated on August 20, 2015 (12:27 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. Appellee's Motion to dismiss or affirm filed 6/30/14. Appellant State Legislature's Reply filed 7/14/14. Appellant's Brief filed 12/2/14. Appellee's Brief filed 1/16/15. Reply of appellant Arizona State Legislature filed 2/17/15. Argued 3/2/15. Opinion Affirming District Court filed 6/29/15.


Citizen Center v. Gessler

Case Page - last updated on August 25, 2015 (4:22 PM)
2/13/12
Colorado
Improper Election Administration, Voting Technology
U.S. District Court for the District of Colorado

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. Petition for Rehearing En Banc filed 11/4/14. Order denying Petition for Rehearing En Banc filed 11/17/14. Petition for writ of certiorari filed 2/20/15. Notice of denial of certiorari filed 4/27/15. District Court order dismissing case filed 08/19/15.


Scott v. Schedler

Case Page - last updated on August 20, 2015 (12:22 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. Mandate issued 2/6/15. Order Amending Permanent Injunction filed on 7/10/15.


Shapiro v. McManus

Case Page - last updated on August 29, 2015 (2:18 PM)
11/11/13
Maryland
Redistricting
US Supreme Court

Whether a single-judge district court can conclude that a three-judge panel is not required to hear a 28 U.S.C. § 2284 complaint, not because it is insubstantial, but because the complaint fails to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, as determined by the court.

US District Court for the District of Maryland Opinion filed on 04/08/2014.

US Court of Appeals for the 4th Circuit Opinion filed on 10/07/2014.

US Supreme Court Granted Petition for Writ of Cert on 06/08/2015.


Kobach v. EAC

Case Page - last updated on June 29, 2015 (12:33 PM)
8/21/13
National
Voter Registration
U.S. Supreme Court

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. State's Petition for Rehearing filed 12/22/14. Order denying Petition for Rehearing filed 12/22/14. Mandate filed 1/6/15. Petition for Writ of Certiorari filed 3/21/15. Order Denying Writ of Certiorari filed 6/29/15.


North Carolina NAACP v. McCrory

Case Page - last updated on June 17, 2015 (11:18 AM)
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 Fourteenth 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 3/23/15. Mandate issued 5/5/15.

 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 August 29, 2015 (2:04 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 3/23/15. Petition for Writ of Cert denied filed 4/7/15. Mandate issued 5/5/15.

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


Currie v. North Carolina

Case Page - last updated on July 28, 2015 (11:45 AM)
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.

 

Status Report on Currie Filed as Part of League of Women Voters of North Carolina v. Howard


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?

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 3/23/15. Mandate issued 5/5/15.

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 North Carolina NAACP v. McCrory.

 


Ohio Organizing Collaborative v. Husted

Case Page - last updated on August 29, 2015 (2:07 PM)
5/8/15
Ohio
Absentee Ballots, Early Voting, Voter Registration
United States District Court Southern District of Ohio

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

Complaint filed 5/8/15.

Notice of Preliminary Pretrial Conference filed 5/28/15.


SEIU v. Husted

Case Page - last updated on August 26, 2015 (9:32 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. Order regarding Plaintiff's Bill of Costs filed 2/17/15. Notice of Appeal filed 3/19/15. For further appellate status, see NEOCH v. Husted.


NEOCH v. Husted

Case Page - last updated on August 12, 2015 (10:50 AM)
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.  Order regarding Plaintiff's Bill of Costs filed 2/17/15. Notice of Appeal filed 3/19/15. Husted's appellate brief filed 7/15/2015


Libertarian Party of Ohio v. Husted

Case Page - last updated on August 29, 2015 (2:10 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. Plaintiff's Motion for Summary Judgment filed 10/23/14. Defendant's Cross Motion for Summary Judgment filed 11/13/14. Intervenor Defendant's Motion for Sanctions filed 11/26/14. Order granting Motion to Quash filed 12/08/14. Plaintiff's Motion for Sanctions against Intervenor-Defendant filed 12/23/14.  Order denying Motions for Sanctions filed 1/09/15. Opinion and Order Granting Summary Judgment to Defendant issued 3/16/15.


Perez v. Texas

Case Page - last updated on June 11, 2015 (2:31 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.

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. Perez Plaintiff's Post Trial Brief filed 10/21/14.


Texas v. United States

Case Page - last updated on August 20, 2015 (12:29 AM)
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. Joint Appellee Brief filed 1/14/15. Appellant Reply Brief filed 1/28/15. Oral argument heard 4/21/15.


Evenwel v. Abbott

Case Page - last updated on August 20, 2015 (12:21 PM)
4/21/14
Texas
Redistricting
U.S. Supreme Court

Whether PLANS172, the official Texas districting plan, violates the one-person, one-vote principle of the Equal Protection Clause by not apportioning districts to equalize both total population and voter population.

District Court Opinion filed on 11/05/14. Probable jurisdiction noted by Supreme Court 5/26/15.


Veasey v. Abbott

Case Page - last updated on August 29, 2015 (2:38 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?

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. Notice of Appeal filed 10/11/14. 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. Order granting Motion for Disbursement of Funds filed 1/23/15. Corrected Appellant's Brief filed 2/27/15. Appellee LULAC's Brief filed 3/3/15. MALC and NAACP's Brief filed 3/3/15. United States' Brief filed 3/3/15. Oral argument heard on 4/28/15. Petition for Writ of Certiorari filed 7/10/15. Fifth Circuit Opinion filed 8/5/15.


Lee v. Virginia Board of Elections

Case Page - last updated on August 29, 2015 (1:53 PM)
6/11/15
Virginia
Voter ID, Voter Supression, Voting Rights Act
US District Court for the Eastern District of Virginia- Richmond Division

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.


True the Vote, Inc. v. IRS

Case Page - last updated on August 8, 2015 (12:39 AM)
5/21/13
Campaign Finance
Sixth Circuit U.S. Court of Appeals

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.


Frank v. Walker

Case Page - last updated on August 8, 2015 (12:42 AM)
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. Petition for Writ of Certiorari filed 1/7/15. Respondent's Brief filed 2/6/15. Petitioner's Reply filed 2/24/15. Denial of Writ of Certiorari filed 3/23/15. Order denying Motion to Extend Stay filed 3/25/15. Mandate filed 3/25/15.


LULAC v. Deininger

Case Page - last updated on June 5, 2015 (9:25 AM)
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. Order granting Motion to Stay filed 10/15/14. Appellant's Bill of Costs filed 10/20/14. Notice from Supreme Court of filing of Petition for Writ of Cert filed 1/12/15.


One Wisconsin Institute v. Nichol

Case Page - last updated on August 26, 2015 (8:40 AM)
5/29/15
Wisconsin
Voter ID, Early Voting, Student Voting
US District Court of the Western District of Wisconsin

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. Answer filed 6/22/15. Motion to Dismiss filed 7/22/15.


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