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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

ACORN v. Cox

Case Information

Date Filed / Ended: August 14, 2006 / December 24, 2008
State: Georgia
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court, Northern District of Georgia (Case 1:06-cv-01891-JTC); U.S. Court of Appeals for the 11th Circuit (Case 07-15688, 08-14419)

Issue:

Whether the Georgia State Board of Elections' new voter-registration rules, which require each completed application to register be (1) separately sealed before being handed to a private voter registration organizer and (2) not be copied, violate the National Voter Registration Act (NVRA), and the First and Fourteenth Amendments.

Status:

District court case was stayed on 7/14/08 pending resolution of discovery-related mandamus action to be filed in the 11th Circuit Court of Appeals.  Petition for Mandamus was denied by the Court of Appeals on 9/24/08.

District Court Documents

Court of Appeals Documents (New Case, 08-14419)

Court of Appeals Documents (07-15688)

  • Petition for Writ of Mandamus, Prohibition and Other Appropriate Relief (filed 12/06/07)
  • Defendants-Respondents are directed to file responses to the petition for writ of mandamus w/in 14 days of this order (filed 12/20/07)
  • Response Letter from Judge Camp advising that he elects not to participate or otherwise respond to the petition (filed 12/28/07)
  • Response to Petition for Writ of Mandamus (filed 1/8/08)
  • PETITION GRANTED IN PART AND DENIED IN PART (entered 2/27/08)

Related Links

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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