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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

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

more commentary...

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.

more EL@M in the news...

Info & Analysis

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

more info & analysis...