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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Pulaski County Election Commission v. Arkansas State Board of Election Commissioners

Case Information

Date Filed: March 12, 2014
State: Arkansas
Issues: Absentee Ballots, Voter ID, Voter Eligibility
Courts that Heard this Case: Circuit Cout of Pulaski County (Case 60CV-14-1019); Arkansas Supreme Court (Case CV 14-37I)

Issue:

Original Issue: Whether the State Board of Election Commissioners' adoption of Emergency Rules regarding voter qualification requirements were contrary to state statute and in violation of the separation of powers doctrine.

Additional Issue on Appeal: Whether Circuit Court correctly held state voter qualification statute unconstitutional under Arkansas' Constitution.

Status:

Petition for Declaratory Judgment filed 3/12/14. Republican Party of Arkansas' Motion to Intervene filed 3/26/14. Amended Petition for Declaratory Judgment filed 4/3/14. Republican Party of Arkansas' Amended Motion to Intervene filed 4/6/14. Intervenors' Motion to Dismiss filed 4/6/14. Order granting Motion to Intervene filed 4/15/14. Intervenors' Motion for Summary Judgment filed 4/17/14. Defendant's Answer to Amended Petition filed 4/18/14. Defendant's Motion for Summary Judgment filed 4/18/14. Plaintiff's Motion for Summary Judgment filed 4/18/14. Judgment granting Plaintiff's Motion for Summary Judgment filed 4/24/14. Defendant's Notice of Appeal filed 4/25/14. Appellant's Brief filed 5/2/14. Intervenors' Brief filed 5/2/14. Appellees' Brief filed 5/2/14. Opinion filed 5/16/14.

Supreme Court of Arkansas Documents

Circuit Court Documents

Commentary

Edward B. Foley

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

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In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

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Info & Analysis

New state voting laws face first presidential election test

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