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Election Law @ Moritz

Election Law @ Moritz


Litigation

ACLU of New Mexico v. Chavez

Case Information

Date Filed / Ended: October 26, 2005 / November 17, 2008
State: New Mexico
Issue: Voter ID
Courts that Heard this Case: United States District Court, District of New Mexico (Case 05cv1136); United States Court of Appeals, 10th Circuit (Case 07-2067; 07-2081)

Issue:

Whether Albuquerque's Voter ID statute, which requires photo identification of in-person voters but not absentee voters, violates equal protection, Plaintiffs' First Amendment rights, or creates an undue burden on the right to vote.

Status:

The district court granted partial summary judgment on the parties claims on 3/7/07. An appeal was filed with the U.S. 10th Circuit Court of Appeals. The case is currently active. The court has ordered the parties to file briefs addressing the impact of the Crawford decision by June 17.  Oral arguments are set for 9/25/08.

Appellate Court Documents

District 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. 

more commentary...

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.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...