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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

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

more info & analysis...