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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Voting for America v. Skeen

Case Information

Date Filed: February 13, 2012
State: Texas
Issues: State Voter Registration Databases, Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Texas (Case 3:12-cv-00044); U.S. Fifth Circuit Court of Appeals (Case 12-40914)

Issue:

Whether Texas' state voter registration procedures violate the NVRA.

Status:

Complaint filed 2/3/12. Motion to Dismiss filed 3/25/12. Answer filed 3/27/12. Texas' Motion to Intervene Granted 6/8/12. Opinion and Order on Motion for Preliminary Injunction filed 8/2/12. Defendant Skeen's Notice of Appeal filed 8/16/12. Order Granting Stay Pending Appeal Issued issued 9/6/12. 5th Circuit oral argument schedule entered 9/26/12. Appellee's Brief filed 11/16/12. Appellant's Reply Brief filed 11/26/12. Opinion filed 10/3/13. Mandate issued 11/26/13. Order denying motion to dismiss filed 1/29/14. Motion for Leave to file a Second Amended Complaint filed 4/7/14. Order for Recusal filed 9/22/14. Defendant's Notice of Non-Consent filed 10/28/14. Agreed Motion to Dismiss with Prejudice filed 1/6/15. Order granting Motion to Dismiss filed 1/7/15.

Circuit Court of Appeals Documents

District Court 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.

more commentary...

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.”

more EL@M in the news...

Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...