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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

League of Women Voters of Wisconsin v. Walker

Case Information

Date Filed: October 20, 2011
State: Wisconsin
Issue: Voter ID
Courts that Heard this Case: Dane County Circuit Court (Case 11CV4669); Wisconsin Court of Appeals, District IV (Case 2012AP584); Wisconsin Supreme Court (Case 2012AP584)

Issue:

Whether Wisconsin statute requiring voters to produce photo ID at the polls is constitutional.

Status:

Complaint filed 10/20/11. Defendant's motion to dismiss amended complaint filed 1/27/12. Plaintiff's motion for summary judgment filed 2/3/12. Decision and Order Granting Summary Declaratory Judgment and Permanent Injunction filed 3/12/12. Court of Appeals Certification of appeal for review by Wisconsin Supreme Court 3/28/12. Wisconsin Supreme Court's denial of petition for leave to appeal 4/16/12. Defendant's brief filed in Court of Appeals 5/25/12. Intervenor's brief filed 7/10/12. Plaintiffs' brief filed 8/20/12. Defendant's Petition to Bypass Court of Appeals and Motion for Stay filed in Wisconsin Supreme Court 8/21/12. Order denying motion to bypass filed 9/27/12. Court of Appeals opinion reversing trial court decision filed 5/30/13. Petition for Review filed 6/28/13. Petitioners' Brief in Wisconsin Supreme Court filed 12/20/13. Defendants-Appellants filed 1/17/14. Response Brief of Intervenors-Co-Appellants filed 1/17/14. Plaintiffs-Respondents-Petitioners' Reply Brief filed 2/6/14. Supreme Court opinion affirming court of appeals and upholding voter ID law filed 7/31/14.

See related Wisconsin voter ID cases: Milwaukee Branch of the NAACP v. Walker, Frank v. Walker, and LULAC v. Deininger

Dane County Circuit Court Documents

Court of Appeals Documents

Wisconsin Supreme Court Documents

 


Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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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

U.S. District Judge Rules for Plaintiffs in Ohio Early Voting Case

Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Organizing Collaborative v. Husted.

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