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Election Law @ Moritz

Election Law @ Moritz


Litigation

McCorvey v. Browning

Case Information

Date Filed / Ended: April 7, 2008 / July 13, 2008
State: Florida
Issue: Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court for the Northern District of Florida (Case 4:08-cv-00218)

Issue:

Whether Florida's amendment of statutory Section 103.101, which changed the date of Florida's primary election in violation of the Democratic National Party's rules, violated plaintiff's rights under the first and fourteenth amendments of the constitution.

Status:

Complaint filed 4/7/08. Defendants' Motions to Dismiss and Plaintiff's Motion for Summary Judgment are pending.  Court granted Motion to Dismiss as to the AG but denied it as to the Sec State (7/13).  Motion for Summary Judgment denied (7/13) and case is stayed until after the November elections.

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.”

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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...