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Election Law @ Moritz

Election Law @ Moritz


Litigation

Harkless v. Blackwell

Case Information

Date Filed / Ended: September 21, 2006 / February 3, 2009
State: Ohio
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:06-cv-02284-PAG); U.S. Court of Appeals, 6th Circuit (Case 07-3829)

Issue:

Whether Secretary of State Kenneth Blackwell and other state officials have violated the National Voter Registration Act by failing to make voter registration applications available at certain social service agencies.

Status:

Motion to Dismiss Granted 12/28/06. Motion for Reconsideration of Opinion filed 1/12/07.  Appeal filed 6/6/07.    Opinion Reversing and Remanding entered on 10/28/08.  Motion to extend time to file petition for rehearing en banc filed 11/7/08.  Motion granted 11/14/08.

Court of Appeals Documents

  • BRIEFING LETTER SENT setting briefing schedule: appellant brief due 8/7/07 ; appellee brief due 9/10/07 ; reply brief due 9/27/07; appendix due 10/4/07 ; all final briefs due 10/25/07 (entered 6/28/07)
  • Briefing Letter Sent by CONFERENCE ATTORNEY'S OFFICE resetting briefing schedule: appellant brief now due 8/21/07 ; appellee brief due 9/24/07; reply due 10/11/07; joint appendix due 10/18/07; all finals due 11/8/07 (entered 7/9/07)
  • Statement of Issues (filed 7/12/07) [not available].
  • Briefing Letter Sent by CONFERENCE ATTORNEY'S OFFICE resetting briefing schedule: appellant brief now due 9/24/07 ; appellee brief now due 10/29/07 ; reply brief now due 11/15/07; appendix now due 11/26/07 ; all final briefs now due 12/17/07 (entered 8/7/07)
  • BRIEFING LETTER SENT resetting briefing schedule: appellant brief now due 10/26/2007. appellee brief now due 12/10/2007. joint appendix now due 01/04/2008. final appellant brief now due 01/24/2008. final appellee brief now due 01/24/2008 (entered 10/11/07)
  • APPELLANT PROOF BRIEF (filed 10/29/07) [not available]
  • AMICUS BRIEF filed by Mr. Dirk C. Phillips PDF (filed 11/7/07)
  • APPELLEE PROOF BRIEF (filed 12/12/07) [not available]
  • Appellant MOTION to extend time to file brief (filed 1/14/08) [not available]
  • LETTER SENT granting motion to extend time to file brief (entered 1/16/08) [not available]
  • PROOF REPLY BRIEF filed by Appellants (filed 1/22/08)
  • APPELLEE PROOF BRIEF (filed 2/1/08)
  • APPELLEE FINAL BRIEF (filed 2/5/08)
  • APPELLEE FINAL BRIEF (filed 2/19/08)
  • FINAL REPLY BRIEF PDF (filed 2/19/08)
  • Oral argument date set for 9:00 a.m. June 12, 2008 PDF (4/11/08)
  • Oral argument acknowledgement filed by Attorney Mr. Henry G. Appel for Appellee Helen E. Jones-Kelley . [07-3829, 07-4165] (filed 4/22/08)
  • Oral argument acknowledgement filed by Attorney Mr. Neil A. Steiner for Appellants Association of Community Organizations for Reform Now, Tameca Mardis and Carrie Harkless. [07-3829, 07-4165] (filed 4/22/08)
  • Oral argument acknowledgement filed by Attorney Mr. Michael D. Meuti for Appellee Jennifer Brunner. [07-3829, 07-4165] (filed 4/22/08)
  • CAUSE ARGUED by Mr. Neil A. Steiner for Appellants Association of Community Organizations for Reform Now. (filed 6/12/08)
  • OPINION filed: REVERSED and REMANDED PDF (entered 10/28/08)
  • JUDGMENT: REVERSED and REMANDED PDF (enterd 10/28/08)
  • MOTION to extend time to file petition for rehearing en banc PDF (filed 11/7/08)
  • RULING granting motion to extend time to 11/25/2008 to file a petition for rehearing en banc PDF(entered 11/14/08)
  • MANDATE ISSUED PDF(entered 2/3/09)

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.

more commentary...

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

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

more info & analysis...