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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

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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