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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Currie v. North Carolina

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voter Supression, Voting Rights Act
Courts that Heard this Case: North Carolina Orange County Superior Court (Case 13-CV-001419)

Issue:

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?

Status:

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. Defendants' Motion to Dismiss filed 6/30/15. Plaintiff's Motion to Amend and Motion for Temporary Stay until after primary election filed 7/2/15.

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

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

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