OSU Navigation Bar

Election Law @ Moritz Home Page

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

Accuracy About Voting—Needed on Both Sides of Debate

Edward B. Foley

The Golden Rule fully applies: speak truthfully about voting as you would have others also speak truthfully about voting.

more commentary...

In the News

Daniel P. Tokaji

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."

more EL@M in the news...

Info & Analysis

U.S. District Judge Dissolves TRO, Halting Michigan Recount

A U.S. District Judge granted the request of the Michigan Republican Party and the Michigan Attorney General to dissolve a temporary restraining order that had allowed the Jill Stein-initiated recount to commence. Judge Mark Goldsmith determined that Stein failed to show entitlement to a recount under Michigan or federal law. The case is Stein v. Thomas.

more info & analysis...