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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

North Carolina NAACP v. McCrory

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voting Rights Act
Current Court: Middle District of North Carolina (Case 1:13-cv-658)

Issue:

Do the provisions of HB 589 (Voter ID requirements) violate Section 2 of the Voting Rights Act (42 U.S.C. 1973) and the Fourteenth and Fifteenth Amendments of the Constitution?

Status:

Complaint filed 8/12/13. Answer filed 10/21/13. First amended complaint filed 11/12/13. U.S.'s motion to consolidate cases filed 11/26/13. Answer to amended complaint filed 12/2/13. Case consolidated for discovery purposes with League of Women Voters of North Carolina v. Howard and U.S. v. North Carolina 12/13/13. Motion to Quash Subpoenas to State Legislators filed 1/20/14. Plaintiffs' Motion to Compel Production of Documents filed 1/24/14. Defendants' Motion for a Protective Order filed 2/17/14. Order that Motion to Quash and Motion to Compel granted in part, denied in part filed on 3/27/14. Legislative Movants' Objection to March 27th Order filed 4/2/14. Motion to Stay March 27th Order filed 4/2/14. Order granting motion to stay filed 4/2/14. United States' and Plaintiffs' Opposition to Objection as to Order on Legislative Privilege filed 4/14/14. Order that Legislators' Pending Objections are overruled in part and sustained in part filed 5/15/14. Plaintiffs' Motion for Preliminary Injunction filed 5/19/14. Plaintiffs' Response regarding Legislative Immunity filed 6/25/14. Defendants' Response to Plaintiffs' Motion to Compel filed 6/26/14. Order granting Motion to Expedite and Motion to Compel filed 6/26/14. Various Plaintiffs' Motions to Stroke filed 6/30/14. Order denying Motion for Summary Judgment and Motion for Preliminary Injunction filed 8/8/14. Notice of appeal filed 8/18/14. Order Denying Emergency Motion for Preliminary Injunction Pending Appeal filed 9/9/14. 4th Circuit Opinion filed 10/1/14. Emergency Application for Stay filed in U.S. Supreme Court 10/2/14. District Court's Order Granting Preliminary Injunction filed 10/3/14. Letter regarding District Court's Order filed in U.S. Supreme Court 10/3/14. Letter in response filed in U.S. Supreme Court 10/3/14. Discovery due 3/23/15. Mandate issued 5/5/15.

 For appellate case and further district court filings, see  League of Women Voters of North Carolina v. Howard.

See related cases: League of Women Voters of North Carolina v. Howard and United States v. North Carolina.

 

District 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

District Court Upholds NC Voter ID Law

In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

more info & analysis...