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Election Law @ Moritz

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Litigation

 

Florida Democratic Party v. Detzner

Case Information

Date Filed: October 3, 2016
State: Florida
Issue: Absentee Ballots
Current Court: U.S. District Court for the Northern District of Florida (Case 4:16-cv-00607)

Issue:

Whether Florida's enforcement of statutes (Fla. Stat. § 98.077, Fla. Stat. § 101.65, and Fla. Stat. § 101.68) requiring the signatures on vote-by-mail ballots (formerly "absentee" ballots) to match the signature shown on registration records and the subsequent rejection of defective ballots, without a means to cure the defect, violates the Equal Protection Clause of the Fourteenth Amendment.

Status:

Complaint filed 10/3/16. Emergency Motion for Preliminary Injunction filed 10/3/16. Defendant's Memorandum in Opposition and Motion to Dismiss filed 10/14/16. Plaintiffs' Reply filed 10/16/16. Order granting preliminary injunction filed 10/16/16. Answer filed 10/31/16. Ordering staying case until 5-5-17 filed 12/12/16.

 

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

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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