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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Fish v. Kobach

Case Information

Date Filed: February 18, 2016
State: Kansas
Issues: Voter Supression, Voter ID
Current Court: U.S. District Court for the District of Kansas (Case 2:16-cv-02105)

Issue:

 Whether Kansas has violated the NVRA’s accessible registration system by requiring that Kansans who attempt to register to vote while applying for or renewing a driver’s license produce documents like a birth certificate or U.S. passport in order to become registered.

Status:

Complaint filed 2/18/16. Motion for preliminary injunction filed 2/26/16. Memorandum and Order regarding preliminary injunction filed 5/17/16. Notice of Appeal filed 6/15/16. Memorandum and Order Denying Motion to Certify Class filed 7/29/16. Appellants' brief in 10th Circuit filed 7/1/16. Appellees' brief filed 7/21/16. Oral Argument held at 10th Circuit 8/23/16. Order and Judgment Affirming District Court filed 9/30/16 (full opinion forthcoming). Opinion Affirming District Court filed 10/19/16. Plaintiffs' Motion for Partial Summary Judgment on remand filed 12/22/16. Memorandum and Order Denying Plaintiffs' Motion for Partial Summary Judgment filed 5/4/17. Motion for Sanctions filed 5/22/17. Order Granting in Part and Denying in Part Motion for Sanctions filed 6/23/17. Motion for Reconsideration filed 6/29/17. Order Denying Motion for Reconsideration filed 7/5/17. Objections to Magistrate's Decision filed 7/5/17. Plaintiffs' Motion for Summary Judgment filed 7/14/17. Order Denying Objections to Magistrate's Decision filed 7/25/17. Emergency Motion for Stay filed in 10th Circuit 8/2/17. 10th Circuit Order Denying Emergency Motion filed 8/2/17.

District Court Documents

10th Circuit Court of Appeals Documents

Commentary

Edward B. Foley

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

more commentary...

In the News

Edward B. Foley

How states can fix the Electoral College and prevent future Trumps

An op-ed written by Professor Edward Foley about repairing the Electoral College was published in USA Today.

“The imperative is to prevent another president who wins the White House without really winning the support of the electorates in the states that determine the outcome,” Foley writes. “The Founding Fathers would see that as a subversion of the Electoral College system. So should we.”
 

more EL@M in the news...

Info & Analysis

Sixth Circuit Reverses Dismissal of Ohio ADA Case Alleging Discrimination Against Blind Voters

In an opinion released today, a three-judge panel of the Sixth Circuit Court of Appeals reversed the decision of the district court dismissing a lawsuit alleging that Ohio\'s absentee voter system discriminates against blind voters. According to the panel, the district court accepted Ohio Secretary of State John Husted\'s \"fundamental alteration\" defense without any evidentiary support. The case, Hindel v. Husted, was remanded to the district court for further proceedings.

more info & analysis...