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Election Law @ Moritz

Election Law @ Moritz


Litigation

Northwest Austin Municipal Utility District Number One v. Gonzales

Case Information

Date Filed / Ended: August 4, 2006 / November 3, 2009
State: Texas
Issue: Voting Rights Act
Courts that Heard this Case: United States District Court, District of Columbia (Case 1:06-cv-01384-PLF-EGS); United States Supreme Court (Case 08-322)

Issue:

Whether the imposition of §5 of the Voting Rights Act requirements, 42 U.S.C. §1973c, upon Northwest Austin Municipal Utility District Number One is improper and/or unconstitutional as the district has allegedly remedied the problems giving rise to the initial imposition of these requirements.

Status:

A juridictional statement was filed on 9/4/08.  An amicus brief was filed by the Mountain States Legal Foundation on 10/10/08.  Motion to affirm filed by Appellee 11/26/08. Oral Arguments set for 4/29/09. Appellant's Reply filed 4/15. Judgement Reversed and Case Remanded on 6/22/09.  Consent Judgment and Decree 11/3/09.

U.S. Supreme Court Documents

District Court Documents

Related Documents

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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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

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

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