OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz



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)


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?


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)




Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

Explaining how recounts and contested presidential elections work

Professor Edward Foley was quoted in Yahoo! News about vote recounts and the history of contested presidential elections. A handful of past elections haven’t been officially determined on election night, he said, including races in 1876, 1884, 1916, and 1960. The article originally appeared on the National Constitution Center’s blog, Constitution Daily.

“Elections, it must be emphasized, do not end on the last day that ballots are cast and the polls close,” Foley said. “They are officially over when the counting of all the ballots has been finally certified.”

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...