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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
Current Court: United States Court of Appeals for the Fourth Circuit (Case 16-1468 and 16-1529)

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.

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

District Court Documents

Circuit Court of Appeals Documents

U.S. Supreme Court Documents

 

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

U.S. District Judge Rules for Plaintiffs in Ohio Early Voting Case

Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Democratic Party v. Husted.

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