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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

True the Vote, Inc. v. Stewart

Case Information

Date Filed: December 12, 2013
State: Colorado
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court of Colorado (Case 1:13-cv-03369)

Issue:

Issue 1:

Did Defendant Stewart fail to maintain the voter list in violation of Section 8 of the National Voter Registration Act of 1973, 42 U.S.C. 1973?

Issue 2: 

Does Defendant Stewart's failure to respond to Plaintiff True the Vote's request for data and records violate Section 8 of the National Voter Registration Act of 1973, 42 U.S.C. 1973? If so, did the violation cause Plaintiff True the Vote informational injury? 

Issue 3:

Does Colorado's Voter Access and Moderized Elections Act of 2013 violate the National Voter Registration Act of 1973, 42 U.S.C. 1973?

Status:

Complaint filed 12/12/13. Voluntary Dismissal of Case by Plaintiff filed 1/24/14.

District Court Documents

Commentary

Edward B. Foley

The Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

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In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

SCOTUS Upholds Arizona Redistricting Commission

In an opinion released today, the U.S. Supreme Court upheld Arizona\'s use of an independent commission to draw the boundaries of federal Congressional districts. The Court determined that the commission is permissible under the Elections Clause of the U.S. Constitution and 2 U.S.C. 2a(c). The case is Arizona Legislature v. Arizona Independent Redistricting Commission.

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