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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

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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