OSU Navigation Bar

Election Law @ Moritz Home Page

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 Fourth 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.

 

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

Circuit Court Documents

District Court Documents

 

Commentary

Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

more info & analysis...