OSU Navigation Bar

Election Law @ Moritz Home Page

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 14-1856)

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:

Complaint filed 8/12/13. Answer filed 10/21/13. Motion to Intervene filed 11/25/13. U.S.'s motion to consolidate filed 11/26/13. Case consolidated for discovery purposes with North Carolina NAACP v. McCrory and U.S. v. North Carolina 12/13/13. Motion to Quash Subpoenas to State Legislators filed 1/20/14. Plaintiffs' Motion to Compel Production of Documents filed 1/24/14. Intervenor Complaint against the State filed 1/28/14. Defendants' Motion for a Protective Order filed 2/17/14. Defendants' Answer to Intervenor Complaint filed 2/18/14. Order that Motion to Quash and Motion to Compel granted in part, denied in part filed on 3/27/14. Legislative Movants' Objection to March 27th Order filed 4/2/14. Motion to Stay March 27th Order filed 4/2/14. Order granting motion to stay filed 4/2/14. United States' and Plaintiffs' Opposition to Objection as to Order on Legislative Privilege filed 4/14/14. Order that Legislators' Pending Objections are overruled in part, sustained in part filed 5/15/14. Plaintiffs' Motion for Preliminary Injunction filed 5/19/14. Plaintiffs' Motion to Compel filed 6/25/14. Order granting Motion to Expedite and Motion to Compel filed 6/26/14. Plaintiffs' Various Motions to Strike filed 6/30/14. Order denying Motion for Summary Judgment and Motion for Preliminary Injunction filed 8/8/14.

For appellate case, see North Carolina NAACP v. McCrory.

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

Circuit Court of Appeals Documents

District Court Documents

 


Commentary

Election Law @ Moritz is 10 Years Old!

Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

U.S. District Judge Grants Summary Judgment to Plaintiffs in Ohio Absentee Voting Case Involving Jailed Citizens

U.S. District Judge Arthur Spiegel yesterday granted summary judgment in an absentee voting case, ruling that Ohio must provide absentee voting assistance to late-jailed electors. The case is Fair Elections Ohio v. Husted.

more info & analysis...