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Election Law @ Moritz

Election Law @ Moritz


Litigation

Farrakhan v. Gregoire

Case Information

Date Filed: October 26, 1999
State: Washington
Issue: Felon Voting Rights
Courts that Heard this Case: U.S. District Court, Eastern District of Washington (Case 2:96-cv-00076-RHW); U.S. Court of Appeals for the 9th Circuit (Case 06-35669)

Issue:

Whether a felon disenfranchisement statute violates Section 2 of the Voting Rights Act, when the primary source of discrimination complained of is caused by external sources.

Status:

On remand, the district court granted the state of Washington’s motion for summary judgment. The court considered the impact of racial discrimination in Washington’s criminal justice system, but found that the totality of the circumstances did not support a violation of section 2 of the Voting Rights Act. The court of appeals affirmed the district court’s decision, basing its decision on the plaintiffs’ failure to prove intentional discrimination. Oral Argument held 9/21/10.  Per Curiam Opinion issued 10/7/10.

Summary

In this case convicted felons claim that Article VI, Section 3 of the Washington State Constitution, which denies felons the right to vote, violates Section 2 of the Voting Rights Act because it has a disparate impact on minorities.

The District Court granted summary judgment for the state of Washington because the racial discrimination was attributable to outside sources, in particular the criminal justice system. As the cause of the disparate impact is external to the felon disenfranchisement statute, the plaintiffs could not prove a causal connection. The Court of Appeals, however, reversed and remanded the case. Using a "totality of the circumstances" test, the Court held that the law's interaction with external factors should have been considered. As the criminal justice system is an external factor directly affecting the disenfranchisement statute, it should have been considered by the District Court.

On remand, the District Court again granted summary judgment for the state of Washington. The court considered the impact of racial discrimination in Washington's criminal justice system, but found that the totality of the circumstances did not show a violation of section two of the Voting Rights Act. The Court of Appeals affirmed the District Court's decision, basing its decision on plaintiffs' failure to prove intentional discrimination.

Court of Appeals Documents

District Court Documents

Related Links

Commentary

Edward B. Foley

The Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

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In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

D.C. Circuit Upholds Campaign Finance Statute

In an opinion issued today, the United States Court of Appeals for the District of Columbia upheld a federal statute barring individuals who have government contracts from making political campaign contributions. The case is Wagner v. FEC.

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