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Election Law @ Moritz

Election Law @ Moritz


Litigation

Florida State Conference of the NAACP v. Browning

Case Information

Date Filed / Ended: September 17, 2007 / March 1, 2010
State: Florida
Issue: Voter ID
Courts that Heard this Case: U.S. District Court, Northern District of Florida (Tallahassee) (Case 4:07-cv-00402); U.S. Court of Appeals for the 11th Circuit (Case 07-15932)

Issue:

Whether Florida's requirement that the driver's license or Social Security number on a registration form be verified before a voter can be registered to vote.

Status:

Decision by 11th Circuit reversing grant of preliminary injunction and remanding for futher proceedings issued on 4/3/08.  Motion for Preliminary Injunction was denied on 6/24/08. Case referred to mediation on 2/12/09.  Mediation report due 7/13/09.  Bench Trial set for 9/21/09.  Order of Dismissal 3/1/10.

District Court Documents

Appellate Court Documents

  • Motion to Expedite (filed 12/26/07)
  • Emergency Motion for Stay of Preliminary Injunction Pending Appeal (filed 12/26/07)
  • Response to Motion for Emergency Stay of Preliminary Injunction & Motion to Expedite Appeal (filed 12/26/07)
  • Motion to Expedite: is GRANTED IN PART... Appellant's motion for stay of the preliminary injunction pending appeal is DENIED (entered 12/27/07)
  • Argument Scheduled for 1/18/08 (entered 1/3/08)
  • Appellant Brief PDF (filed 1/7/08)
  • Appellee Brief PDF (filed 1/10/08)
  • Reply Brief by Appellant PDF (filed 1/15/08)
  • Argued 1/18/08
  • Supplemental Authority for Appellant (filed 1/28/08)
  • Opinion Issued AFFIRMED/REVERSED & REMANDED PDF (filed 4/3/08)
  • CASE CLOSED-Mandate Issued (entered 5/5/08)
  • Mandate Issued (entered 5/5/08)

Related Links

Commentary

Election Law @ Moritz is 10 Years Old!

Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Supreme Court of Kansas Orders Taylor's Name to be Removed from U.S. Senate Ballot

In an opinion issued yesterday, the Supreme Court of Kansas ordered Kansas Secretary of State Kris Kobach to remove Democratic candidate for U.S. Senate Chad Taylor from the ballot for the general election. Removing Taylor leaves Republican incumbent Pat Roberts and independent candidate Greg Orman on the ballot. Taylor requested his removal earlier this month. The case is Taylor v. Kobach.

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