OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


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)


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.


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


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

Election Law Expert: Rigged Election 'Extraordinarily Unlikely'

Professor Edward Foley appeared on NPR’s Morning Edition to discuss the historical context of rigged elections and the unlikeliness that the general election will be tampered with this year.

“That state would have had to have been targeted ahead of time for rigging, and the attempt to rig it would have to go undetected. That's a lot to happen systematically and under the radar screen,” Foley said. “The new phenomenon is the risk of a cyberattack, and again, I think the risk of that is very low — as long as the voting machines are not hooked up to the Internet, and most states — as I understand it — most states do not hook up their vote-tabulating equipment to the Internet.”

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...