OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

League of Women Voters of Florida v. Browning

Case Information

Date Filed / Ended: April 28, 2008 / October 23, 2008
State: Florida
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Florida (Case 1:08-cv-21243); U.S. Court of Appeals for the 11th Circuit (Case 08-15156)

Issue:

Whether Florida's new voter registration laws, which regulate the handling of voter registration applications by third-party voter registration organizations, are unconstitutional under the U.S. Constitution. 

Status:

Complaint filed 4/28/08. Motion to dismiss for improper venue on filed on 5/8/08 and denied on 5/29/08.  Motion for Preliminary Injunction filed on 5/14/08 and denied on 8/6/08.  Notice of Appeal filed 9/5/08.  Case voluntarily dismissed on 10/23/08.

Court of Appeals Documents

  • Probable Jurisdiction Noted (9/15/08)
  • Appearance Form Submitted. (9/22/08)
  • Transcript Order Form (All Necessary Transcripts on File) (9/22/08)
  • Civil Appeal Statement Form (9/22/08)
  • Appearance Form Submitted (9/26/08)
  • Briefing notice issued (9/26/08)
  • MOT2 (Notice of court action) issued (filed 10/2/08)
  • E-CIP Filed (filed 10/3/08)
  • Certificate of Interested Persons (filed 10/6/08)
  • Motion to Dismiss Appeal Without Prejudice (filed 10/21/08)
  • Motion to Dismiss Appeal Without Prejudice is GRANTED by JT (filed 10/23/08)
  • Case Closed. Dismissed - Voluntarily (filed 10/23/08)
  • Letter to district court enclosing dismissal order issued(filed 10/23/08)
  • Pursuant to the appellant's motion for voluntary dismissal (joint stipulation of the parties), the appeal was duly entered dismissed on this date. (filed 10/23/08)

District Court Documents

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

more commentary...

In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

more EL@M in the news...

Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

more info & analysis...