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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

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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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.”

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Info & Analysis

District Court Upholds NC Voter ID Law

In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

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