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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)

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In the News

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Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

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Info & Analysis

Divided District Court Panel Finds Wisconsin Assembly Districts Unconstitutionally Drawn

In a 2-1 opinion, a District Court panel determined that the redistricting plan enacted by the Wisconsin legislature in 2011 was an unconstitutional partisan gerrymander. The court deferred its ruling as to a remedy, ordering further briefing by the parties. The case is Whitford v. Nichol.

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