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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

NAACP New York State Conference v. New York State Board of Elections

Case Information

Date Filed: June 28, 2010
State: New York
Issues: Voting Rights Act, Voting Technology
Current Court: U.S. District Court for the Eastern District of New York (Case 1:10-cv-02950)

Issue:

Whether New York's overvote practice and procedure results or will result in the denial of New York citizen's right to vote on account of race or color, in violation of Section 2 of the Voting Rights Act.

Status:

Amended Complaint filed 9/2/10. Answers by all Defendants filed on 10/1/10.  Motion to Compel filed 11/17/10. Parties' Stipulation and Joint Motion for Confidentiality filed 8/4/11.

District Court Documents

Top 10 Election Issues

Commentary

Daniel P. Tokaji

A Poster Child for Dysfunctional Districting

Daniel P. Tokaji

 

Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.

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In the News

Daniel P. Tokaji

This week: Bama voting rights case in DC courtroom on Thursday

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."

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Info & Analysis

Edward B. Foley

Federal Court Finds Equal Protection Violation

In the Hunter case, involving provisional ballots in a local Ohio election from 2010, the federal district court has ordered that ballots must be counted if they are otherwise eligible if they were miscast because of poll worker error. 

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