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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

May, 2008

Below are postings from May, 2008. (See Archives | Recent Headlines)

Case Against Democrats Dismissed in Texas

May 23 - The case brought by the League of United Latin American Citizens of Texas (LULAC) against the Texas Democrats and the State of Texas was dismissed yesterday (5/22) by federal district judge Fred Biery. LULAC, in LULAC of Texas v. State of Texas (See EL@M case page), had argued that the Texas Democratic primary process unfairly diluted the voting power of Latinos. Judge Biery, in his 21 page decision, found that LULAC request for a preliminary injunction was untimely and that the "spirit and intent of the Voting Rights Act have not been violated." It is possible that the plaintiffs will appeal this decision to the U.S. 5th Circuit Court of Appeals.

Case Proceeds in 6th Circuit

May 16 - According to a status report filed yesterday (5/15) in League of Women Voters v. Blackwell, the parties have not reached a settlement in the case, and the appellees have requested that the case proceed. The briefs in the case have already been filed, so the next step in the litigation would be an oral argument in front of the U.S. 6th Circuit Court of Appeals. A decision by the Court in this case could potentially be a major precedent. (See the EL@M case page).

IN and NC Polling Hours Extended

May 6 - Judges ordered an extension of polling hours in "several" Indiana precincts and at least one in North Carolina.

EL@M Releases KQKS: Indiana

May 5 - Just in time for Indiana's May 6 Presidential primary, EL@M Web Analyst Sarah Cherry presents this comprehensive analysis of Indiana's election system, including three election contest scenarios. The Indiana report is part of a developing series of reports on the election systems of swing states, reports that will later be combined with a series of interactive maps and charts to make the material more reader-friendly.


Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

more info & analysis...