Pending Cases Arranged by Case Name
Arrange Active Cases by: Case Name | State | Primary Topic | Date Filed
Arrange Archived Cases by: Case Name | State | Primary Topic | Date Filed
This is a list of pending election law litigation cases that Election Law @ Moritz is currently monitoring.
Banfield v. Cortes
EL@M Case Page (last modified February 7, 2012 (5:37 PM))
Date Filed: 8/15/06
State: Pennsylvania
Topic(s):
Voting Technology
Current Court:
Commonwealth Court of Pennsylvania
Case Issue:
Whether Pennsylvania’s use of DREs (direct recording electronic voting machines) violates Pennsylvania or federal law; whether the Secretary of the Commonwealth is required to re-examine the electronic voting system at request of electors.
Latest Status:
Motions for Summary Judgment filed 8/8/11 by both Petitioner and Respondent.
Davis v. Perry
EL@M Case Page (last modified February 10, 2012 (11:12 AM))
Date Filed: 9/22/11
State: Texas
Topic(s):
Redistricting, Vote Dillution
Current Court:
United States Court for the Western District of Texas
Case Issue:
Whether Texas' State Senate Redistricting Plan violates the Voting Rights Act.
Latest Status:
District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court order pending oral argument scheduled 1/9/11.
Favors v. Cuomo
EL@M Case Page (last modified February 10, 2012 (11:14 AM))
Date Filed: 11/17/11
State: New York
Topic(s):
Redistricting
Current Court:
United States District Court for the Eastern District of New York
Case Issue:
Whether New York's redistricting procedure violates the Due Process and Equal Protection Clauses of the 14th Amendment, among other provisions.
Latest Status:
Complaint filed 11/17/11.
Florida v. US
EL@M Case Page (last modified February 10, 2012 (11:15 AM))
Date Filed: 8/1/11
State: Florida
Topic(s):
Voter Registration, Early Voting
Current Court:
The United States District Court for the District of Columbia
Case Issue:
Whether certain sections of Florida's newly-passed voting reforms violates Section 5 of the Voting Rights Act.
Latest Status:
Complaint filed 8/01/11.
Frank v. Walker
EL@M Case Page (last modified February 10, 2012 (11:22 AM))
Date Filed: 12/13/11
State: Wisconsin
Topic(s):
Voter ID
Current Court:
United States District Court for the Eastern District of Wisconsin
Case Issue:
Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.
Latest Status:
Complaint filed 12/13/11.
Georgia State Conference of the NAACP v. Kemp
EL@M Case Page (last modified February 10, 2012 (11:22 AM))
Date Filed: 6/6/11
State: Georgia
Topic(s):
Ballot Access
Current Court:
U.s. District Court for the Northern District of Georgia
Case Issue:
Whether Georgian Secretary of State Kemp has violated Section 7 of the National Voter Registration Act by neglecting to provide infovoter registration service to its public assistance clients.
Latest Status:
Statement of Interest of US filed 10/5/11. Reply Brief in support of Motion to Dismiss filed 9/26/11.Plaintiff's Opposition to Defendant's Motion to Dismiss filed 9/09/11. Motion to Dismiss filed 8/10/11. Complaint Filed 6/06/11.
Gonzalez v. Arizona; Navajo Nation v. Brewer; Purcell v. Gonzalez
EL@M Case Page (last modified February 10, 2012 (11:26 AM))
Date Filed: 5/9/06
State: Arizona
Topic(s):
Voter ID
Current Court:
U.S. Court of Appeals for the 9th Circuit
Case Issue:
Whether Arizona's voter identification requirements disparately impact minorities in the state and, as such, are unconstitutional.
Latest Status:
Order Granting Rehearing En Banc entered 4/27/11. Order of Preliminary Information Regarding Rehearing En Banc entered 4/28/11. En banc oral argument scheduled for 6/21/2011.
Gusciora v. Christie
EL@M Case Page (last modified November 10, 2011 (5:00 PM))
Date Filed: 10/19/04
State: New Jersey
Topic(s):
Voting Technology
Current Court:
New Jersey Superior Court, Appellate Division
Case Issue:
Whether New Jersey's use of certain voting machines violates New Jersey constitutional and statutory law.
Latest Status:
Notice of Appeal filed 7/20/11. Appellants' brief filed 10/12/11.
Hunter v. Hamilton County Board of Elections
EL@M Case Page (last modified February 10, 2012 (11:27 AM))
Date Filed: 11/21/10
State: Ohio
Topic(s):
Election 2010, Recount Procedures
Current Court:
U.S. District Court for the Southern District of Ohio
Case Issue:
Whether the Hamilton County Board of Elections should count the provisional votes of citizens who voted at the wrong precinct solely due to poll worker error.
Latest Status:
Defendants' Motion to Dismiss filed 8/30/11. Response to Motion to dismiss filed 9/08/11. Reply in Support of Motion to Dismiss filed 9/22/11. Judgment and Order Enjoining Board From Rejecting Ballots filed 2/8/12.
King Lincoln Bronzeville Neighborhood Association v. Blackwell
EL@M Case Page (last modified February 10, 2012 (11:27 AM))
Date Filed: 8/31/06
State: Ohio
Topic(s):
Improper Election Administration
Current Court:
U.S. District Court for the Southern District of Ohio
Case Issue:
Whether the rights, privileges, and immunities guaranteed to Plaintiffs by the Civil Rights Act, and the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution have been violated by the past and ongoing conduct of Secretary of State J. Kenneth Blackwell in connection with past elections in Ohio.
Latest Status:
Motion for Reconsideration of Opinion and Order filed 12/3/10. Responses in Opposition to Motion for Reconsideration filed 12/17/10. Plaintiffs' Replies in Response to Motion for Reconsideration filed 1/3/11. Notice of Developments in the Northern District of Ohio in Regard to Plaintiff's Proposed Filing filed 1/19/11. State's Notice Opposing any Discover and Requesting a Status Conference filed 2/8/11. Plaintiff's Response to Motion Requesting Status Conference filed 2/25/11. Order Setting Status Conference entered 5/12/11. Plaintiff's Brief on Jurisdisction, Discovery, and Evidence issues filed 7/15/11. Reply to Plaintiff's Brief on Jurisdisction, Discovery, and Evidence issues filed 8/16/11. Opinion and Order Dismissing Case filed 2/7/12.
LaRoque v. Holder
EL@M Case Page (last modified February 10, 2012 (11:28 AM))
Date Filed: 4/7/10
State: National
Topic(s):
Voting Rights Act
Current Court:
U.S. Court of Appeals for the D.C. Circuit
Case Issue:
Whether Section 5 of the Voting Rights Act of 1964 exceeds Congress' authority under the Fifth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution.
Latest Status:
District Court opinion issued 12/22/11.
League of Women Voters of Florida v. Browning
EL@M Case Page (last modified February 10, 2012 (11:29 AM))
Date Filed: 12/15/11
State: Florida
Topic(s):
Voter Registration
Current Court:
United States District Court for the Northern District of Florida
Case Issue:
Whether Florida's new law regarding voter registration activities (1) violates the First Amendment by unlawfully restricting citizens' right to free speech and assembly; (2) is unconstitutionally vague; (3) violates the National Voter Registration Act of 1993; or (4) violates section 2 of the Voting Rights Act.
Latest Status:
Complaint filed 12/15/11. Motion for Preliminary Injunction filed 12/19/11.
League of Women Voters of Illinois v. Quinn
EL@M Case Page (last modified February 10, 2012 (11:30 AM))
Date Filed: 9/1/11
State: Illinois
Topic(s):
Redistricting
Current Court:
Supreme Court of the United States
Case Issue:
Whether Illinois' redistricting plan violates the First Amendment Guarentee of free expression.
Latest Status:
Complaint filed 9/01/11.
League of Women Voters of Wisconsin v. Walker
EL@M Case Page (last modified February 8, 2012 (9:28 AM))
Date Filed: 10/20/11
State: Wisconsin
Topic(s):
Voter ID
Current Court:
Dane County Circuit Court
Case Issue:
Whether Wisconsin statute requiring voters to produce photo ID at the polls is constitutional.
Latest Status:
Complaint filed 10/20/11. Defendant's motion to dismiss amended complaint filed 1/27/12. Plaintiff's motion for summary judgment filed 2/3/12.
Marks v. Koch
EL@M Case Page (last modified January 26, 2012 (12:32 PM))
Date Filed: 10/8/09
State: Colorado
Topic(s):
Improper Election Administration, Freedom of Information
Current Court:
Colorado Court of Appeals
Case Issue:
Whether article VII, §8, of the Colorado Constitution prohibits making cast election ballots available for public inspection pursuant to the Colorado Open Records Act
Latest Status:
Petition of Certiorari to Colorado Supreme Court filed 11/9/11. Court of Appeals Decision Announced 9/29/11.
NAACP New York State Conference v. New York State Board of Elections
EL@M Case Page (last modified February 10, 2012 (11:31 AM))
Date Filed: 6/28/10
State: New York
Topic(s):
Voting Rights Act, Voting Technology
Current Court:
U.S. District Court for the Eastern District of New York
Case Issue:
Whether New York's overvote practice and procedure results or will result in the denial of New York citizen's right to vote on account of race or color, in violation of Section 2 of the Voting Rights Act.
Latest Status:
Amended Complaint filed 9/2/10. Answers by all Defendants filed on 10/1/10. Motion to Compel filed 11/17/10. Parties' Stipulation and Joint Motion for Confidentiality filed 8/4/11.
NEOCH v. Blackwell
EL@M Case Page (last modified February 10, 2012 (11:31 AM))
Date Filed: 10/24/06
State: Ohio
Topic(s):
Voter ID
Current Court:
U.S. Court of Appeals for the 6th Circuit
Case Issue:
(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.
Latest Status:
First Brief of Appellant for 11-3035/ 11-3036 filed 3/25/11. Appellant's Brief filed 3/30/11. Letter Allowing for Filing of Brief Instanter by Ohio Attorney General's Office filed 3/31/11. Appellee's Brief filed 4/27/11.
Perez v. Texas
EL@M Case Page (last modified February 10, 2012 (11:38 AM))
Date Filed: 5/9/11
State: Texas
Topic(s):
Redistricting, Vote Dillution
Current Court:
US District Court for the Western District of Texas
Case Issue:
Whether Texas' redistricting plan violates the Constitution because it does not make a good faith effort to maintain population equality and treats inmates as residents of the counties in which they are incarcerated.
Latest Status:
District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court's order pending oral argument scheduled 1/9/11.
Shelby County, Alabama v. Holder
EL@M Case Page (last modified February 10, 2012 (11:39 AM))
Date Filed: 4/27/10
State: Alabama
Topic(s):
Voting Rights Act
Current Court:
U.S. Court of Appeals for the District of Columbia Circuit
Case Issue:
Whether Sections 4(b) and 5 of the Voting Rights Act are unconstitutional. Amicus Brief of New York Law School Racial Justice Project filed 12/7/11. Reply Brief of Appellant
Latest Status:
Appellee Attorney General Holder brief filed 12/1/11. Appellant Shelby County, Alabama filed 12/15/11.
Smith v. Aichele
EL@M Case Page (last modified February 10, 2012 (11:40 AM))
Date Filed: 1/30/12
State: Pennsylvania
Topic(s):
Redistricting
Current Court:
US District Court for the Eastern District of Pennsylvania
Case Issue:
Whether Pennsylvania's reapportionment plan violates the Equal Protection Clause of the Fourteenth Amendment.
Latest Status:
Complaint filed 1/30/12.
South Carolina v. United States
EL@M Case Page (last modified February 10, 2012 (11:41 AM))
Date Filed: 2/7/12
State: South Carolina
Topic(s):
Voting Rights Act, Voter ID
Current Court:
U.S. District Court for the District of Columbia
Case Issue:
Whether the US Justice Department properly denied preclearance to South Carolina's Voter ID law under Section 5 of the Voting Rights Act
Latest Status:
Complaint filed 2/7/12.
Texas v. United States
EL@M Case Page (last modified February 10, 2012 (11:41 AM))
Date Filed: 7/19/11
State: Texas
Topic(s):
Redistricting
Current Court:
United States District Court for the District of Columbia
Case Issue:
Whether Texas' Recently Enacted Redistricting Plans Violate Section 5 of the Voting Rights Act.
Latest Status:
Trial scheduling order filed 1/4/12.
The Real Truth About Obama, Inc. v. Federal Election Commission, et al.
EL@M Case Page (last modified February 10, 2012 (11:42 AM))
Date Filed: 7/30/08
State: National
Topic(s):
Campaign Finance
Current Court:
U.S. Court for the 4th Circuit
Case Issue:
Whether an injunction should be issued regarding the FEC’s policy for implementing the “major purpose” test in federal political committee determinations.
Latest Status:
Notice of appeal filed 7/16/11. Opinion Granting DOJ's Motion for Summary Judgment entered 6/16/11. Notice of Supplemental Authority to Motion for Summary Judgment filed 2/9/11. Response to Notice filed by Federal Election Commission on 2/14/11. Final Order Granting the Department of Justice's FEC's Motion for Summary Judgment filed 6/16/11. Noticeo f appeal filed 7/16/11.
U.S. v. McGregor et. al.
EL@M Case Page (last modified February 10, 2012 (11:49 AM))
Date Filed: 10/4/10
State: Alabama
Topic(s):
Current Court:
U.S. District Court for the Middle District of Alabama
Case Issue:
Indictment of 11 individuals for allegedly engaging in a “wide ranging conspiracy to buy and sell votes on legislation in Alabama that would directly benefit the business interests of two of the defendants.”
Latest Status:
All Parties Acquitted on some counts 8/12/11. Order Withdrawing as Moot Defendant Gilley's Objection to the Report and Recommendations of the Magistrate entered 5/4/11. US Notice of Supplemental Authority filed 5/6/11. US Reply in Support of Memorandum to Use Transcripts and Rule of Completeness Objections filed 5/6/11. Defendant Coker's Notice of Supplemental Authority filed 5/6/11. Defendant McGegor's Response to Court Order filed 5/6/11. Joint Report on Issues to be Addressed at Pretrial Conference filed 5/11/11. Trial Set to commence 6/6/11.
Valdez v. Herrera
EL@M Case Page (last modified February 10, 2012 (11:50 AM))
Date Filed: 7/9/09
State: New Mexico
Topic(s):
Voter Registration
Current Court:
U.S. Court of Appeals for the 10th Circuit
Case Issue:
Whether a New Mexico statute, requiring voter registration to be offered when an individual renews a drivers license or state-issued identification card, has been violated.
Latest Status:
Order Denying Emergency Motion for Certificate of Appealability entered 1/25/11. Order to Show Cause entered 2/3/11. Order Granting Joint Motion to Continue Trial entered 2/8/11. Joint Motion for Entry of Consent Order filed 2/17/. Notice of Appeal filed 3/25/11. USCA Case Number 11-2063 in 10th Circuit entered 3/30/11. Notice or Record Now Complete/ Appellant Brief 5/23 entered 4/12/11. Notice of Referral to Mediation Conferencing entered 4/19/11.
Wagner v. Federal Election Commission
EL@M Case Page (last modified February 10, 2012 (11:51 AM))
Date Filed: 10/19/11
State: Washington, D.C.
Topic(s):
Campaign Finance
Current Court:
U.S. District Court for the District of Columbia
Case Issue:
Whether a federal statute barring individuals who have government contracts from making political contributions is constitutional.
Latest Status:
Complaint filed 10/19/2011
Wilson v. Kasich
EL@M Case Page (last modified February 10, 2012 (11:52 AM))
Date Filed: 1/4/12
State: Ohio
Topic(s):
Redistricting
Current Court:
Supreme Court of Ohio
Case Issue:
Whether the Ohio Apportionment Board violated Article XI of the Ohio Constitution in its reapportionment of the Ohio General Assembly.
Latest Status:
Complaint filed 1/04/12.
Zirkle v. Henry
EL@M Case Page (last modified December 23, 2011 (12:21 PM))
Date Filed: 6/20/11
State: New Jersey
Topic(s):
Voting Technology
Current Court:
Superior Court of New Jersey
Case Issue:
Whether certain touch-screen voting machines are unconstitutional because voters cannot be assured their vote is counted as cast or recorded.
Latest Status:
Petition filed 6/20/11.
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Commentary
A Poster Child for Dysfunctional Districting
Daniel P. Tokaji
Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.
more commentary...