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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

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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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

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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