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Election Law @ Moritz

Election Law @ Moritz


Litigation

Baker v. Chapman

Case Information

Date Filed / Ended: July 21, 2008 / October 9, 2008
State: Alabama
Issue: Felon Voting Rights
Courts that Heard this Case: Montgomery County Circuit Court (Case )

Issue:

Whether Alabama law that disfranchises individuals convicted of felonies involving moral turpitude is more more restrictive in its felony classification than provided for by the Alabama Constitution, and, thus, impermissibly conflicts with the state constitution and unduly burdens the fundamental right to vote.

Status:

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

The complaint was filed on 7/21/08.  The court determined that the plaintiffs lacked standing to bring the suit and dismissed the case on 10/9/08.  An appeal is expected.

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Trial Court Documents

Related EL@M Articles

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 Virginia Voter ID Law

Today, U.S. District Judge Henry Hudson issued an opinion upholding Virginia\'s voter ID after a bench trial held in February. Judge Hudson determined that neither the enactment of the law nor its implementation violated the Voting Rights Act, the First Amendment, the Fourteenth Amendment, the Fifteenth Amendment, or the Twenty-Sixth Amendment. The case is Lee v. Virginia State Board of Elections.

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