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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Alabama Democratic Conference v. Alabama

Case Information

Date Filed: August 10, 2012
State: Alabama
Issue: Redistricting
Current Court: United States District Court Middle District of Alabama (Case 12-CV-691)

Issue:

Whether Alabama’s effort to redraw the lines of each majority-black district to have the same black population as it would have using 2010 census data as applied to the former district lines, when combined with the state's new goal of significantly reducing population deviation among districts, amounted to an unconstitutional racial quota and racial gerrymandering that is subject to strict scrutiny and that was not justified by the putative interest of complying with the non-retrogression aspect of Section 5 of the Voting Rights Act; and whether these plaintiffs have standing to bring such a constitutional claim.

Status:

Appellees' Motion to Dismiss or Affirm filed in U.S. Supreme Court 4/21/14. Appellants' Reply filed 5/5/14. Appellees' Brief filed 10/9/14. Appellants' Reply Brief filed 10/28/14. U.S. Supreme Court Opinion filed 3/25/15. Judgment filed 4/27/15. District Court order denying summary judgment filed 4/28/15. Plaintiffs' post-remand brief filed 6/12/15. Defendants' post-remand brief filed 7/24/15. Order for plaintiffs to file new statewide redistricting plan 8/28/15. Defendants' Notice of Supplemental Authority (U.S. Supreme Court case of Harris v. Arizona Independent Redistricting Commission) filed 4/22/16.

U.S. Supreme Court case decided with Alabama Legislative Black Caucus v. Alabama, No. 13-1138.

Supreme Court Documents

 

District Court Documents

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...