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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

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.

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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.

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Info & Analysis

Supreme Court of Kansas Orders Taylor's Name to be Removed from U.S. Senate Ballot

In an opinion issued yesterday, the Supreme Court of Kansas ordered Kansas Secretary of State Kris Kobach to remove Democratic candidate for U.S. Senate Chad Taylor from the ballot for the general election. Removing Taylor leaves Republican incumbent Pat Roberts and independent candidate Greg Orman on the ballot. Taylor requested his removal earlier this month. The case is Taylor v. Kobach.

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