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Election Law @ Moritz

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Litigation

 

ACLU v. Schultz

Case Information

Date Filed: August 8, 2012
State: Iowa
Issue: Voter Registration
Courts that Heard this Case: District Court of State of Iowa, Polk County (Case CV009311); Iowa Supreme Court (Case 14-0585)

Issue:

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.

Status:

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. Voluntary dismissal of appeal filed 3/12/15.

 

Iowa Supreme Court Documents

District Court Documents

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

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