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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

League of Women Voters of North Carolina v. Howard

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voting Rights Act, Voter Supression
Courts that Heard this Case: Middle District of North Carolina (Case 1:13-cv-00660 ); United States Court of Appeals for the Fourth Circuit (Case 16-1468 and 16-1529); United States Supreme Court (Case 14A358)

Issue:

1. Does the reduction in early voting days, loss of same-day registration, and elimination of out of precinct provisional voting opportunities violate the Fourteenth Amendment?

2. Did the Generally Assembly have a discriminatory purpose, which would violate the Fourteenth Amendment, in passing H.B. 589?

3. Do the limits on early voting days, same day registration, and out of precinct provisional voting violate Section 2 of the Voting Rights Act (42 U.S.C. 1973)?

4. If the Court finds discrimination against African Americans, should North Carolina be covered under Section 3(c) of the Voting Rights Act?

Status:

Trial on photo identification requirement held beginning 1/25/16. Opinion upholding voter ID law issued 4/25/16. Notice of Appeal filed 5/6/16. Appellants' brief filed 5/19/16. Brief of U.S. as appellant filed 5/19/16. Court of Appeals order extending District Court's stay filed 6/7/16. Appellees' brief filed 6/9/16. Oral Argument held 6/21/16. Fourth Circuit Decision Reversing District Court filed 7/29/16. Motion for Stay filed 8/3/16. Order Denying Stay filed 8/4/16. Emergency Stay Application filed with U.S. Supreme Court 8/15/16. See North Carolina NAACP v. McCrory for filings.

See related cases: North Carolina NAACP v. McCrory and United States v. North Carolina

District Court Documents

Fourth Circuit Court of Appeals Documents

U.S. Supreme Court Documents

U.S. Supreme Court Documents (second stay application)

 

 

Commentary

Edward B. Foley

Filibusters are not for shutdowns

Edward B. Foley

The minority party must win elections, not derail the government, to prevail on policy.

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In the News

Daniel P. Tokaji

http://www.dispatch.com/news/20180207/inside-story-on-ohios-redistricting-deal

Professor Dan Tokaji was quoted in The Columbus Dispatch about partisan congressional redistricting in Ohio. 

 

 

"I can’t think of anywhere where we’ve had a situation like we’ve had here for the past couple of years,” Tokai said. “People in Ohio’s state legislature recognize there’s a serious problem.”



 

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Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

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