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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Kobach v. EAC

Case Information

Date Filed: August 21, 2013
State: National
Issue: Voter Registration
Courts that Heard this Case: District Court of Kansas (Case 5:13-cv-04095); United States Court of Appeals for Tenth Circuit (Case 14-3062); United States Court of Appeals for Tenth Circuit (Case 14-03072); U.S. Supreme Court (Case 14-1164 )

Issue:

Issue 1:

Did the EAC's failure to modify the State-specific instructions on the Federal Form to include a voter citizenship qualification constitute an agency action unlawfully withheld or unreasonably delayed under the Administrative Procedures Act, 5 U.S.C. 706(1)?

Issue 2:

Did the EAC's failure to modify the Federal Form infringe upon State sovereignty under the Tenth Amendment of the U.S. Constitution?

Issue 3:

Did the EAC's failure to modify the Federal Form constitute an agency action that was arbitrary, capricious, an abuse of discretion, or otherwise made in violation of the Administrative Procedures Act, 5 U.S.C. 706(2)?

Issue 4:

Did the EAC's failure to modify the Federal Form constitute an agency action that was in excess of statutory jurisdiction, authority, limitation, or short of statutory right under the Administrative Procedures Act, 5 U.S.C. 706(2)?

Issue 5:

Did the EAC's failure to modify the Federal Form force the Plaintiff's to choose between two "unconstitutionally coercive" regulations violating the Tenth Amendment and the Seventeenth Amendment of the U.S. Constitution?

Status:

Complaint filed 8/21/13. Motion for preliminary injunction filed 10/23/13. Project Vote's motion to intervene filed 11/13/13. Inter-Tribal Council's motion to intervene filed 11/13/13. Valle Del Sol's motion to intervene filed 11/21/13. League of Women Voters' motion to intervene filed 11/21/13. EAC answer filed 11/25/13. Evidentiary Hearing set for 2/11/14 and 2/12/14. Order that EAC add language requested by Arizona and Kansas to the state-specific instructions on federal mail voter registration form filed 3/19/14. Defendant-Intervenors' Notice of Appeal filed 3/27/14. Defendant-Intervenors' Motion for Stay Pending Appeal filed 3/28/14.  Defendant's Notice of Appeal filed 4/8/14. Order Granting Motion to Consolidate Appeals filed 4/15/14. Plaintiffs' Opposition to Motion to Stay filed 4/18/14. Plaintiffs' Motion to Compel filed 4/18/14. Defendants' Opposition to Expedited Motion to Compel and Support of Motion to Stay filed 4/22/14. Order denying motion to stay case filed 5/7/14. Appellants' Motion for Expedited Consideration and Stay Pending Appeal filed 5/8/14. Order for Temporary Stay filed 5/8/14. Order granting Stay Pending Appeal and Expedited Review filed 5/19/14. Appellants' Brief filed 5/21/14. Appelles' Response Brief filed 6/30/14. Appellants' Reply Brief filed 7/28/14. 10th Circuit opinion issued 11/7/14. State's Petition for Rehearing filed 12/22/14. Order denying Petition for Rehearing filed 12/22/14. Mandate filed 1/6/15. Petition for Writ of Certiorari filed 3/21/15. Order Denying Writ of Certiorari filed 6/29/15.

District Court Documents

Court of Appeals Documents (Defendant-Intervenors and EAC Defendants Consolidated)

U.S. Supreme 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.

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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.

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