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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

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

more EL@M in the news...

Info & Analysis

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

more info & analysis...