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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Scott v. Schedler

Case Information

Date Filed: April 19, 2011
State: Louisiana
Issues: Voter Registration, Voter Eligibility
Courts that Heard this Case: U.S. District Court for the Eastern District of Louisiana (Case 2:11-cv-00926-JTM-JCW); U.S. Court of Appeals for the Fifth Circuit (Case 13-31147); U.S. Court of Appeals for the Fifth Circuit (Case 13-30185)

Issue:

Whether Louisiana has complied with the obligations imposed on states by the federal government in the NVRA.

Status:

Complaint filed 4/19/11. Defendant's Motion for Partial Summary Judgment Denied 5/3/12. Plaintiffs' Motion for Summary Judgment filed 7/3/12. Joint Motion to Continue Trial Date filed 9/26/12. Trial Scheduled for 10/15/12. Permanent Injunction granted 1/23/13. Plaintiffs' Motion for Attorney Fees and Costs filed 2/26/2013. Judgment for Plaintiffs awarding fees and costs filed 10/22/13. Notice of Appeal filed 10/31/13. Defendant's Motion for Stay filed 12/30/13.  Ordering Granting Stay filed 1/2/14. Plaintiffs' Motion to Extend Court's Jurisdiction filed 1/17/14. Defendant's Response in Opposition to Motion to Extend Court's Jurisdiction filed 1/22/14. Order Extending Injunction until 2/3/14. Order denying extension of court's jurisdiction filed 2/3/14. Order granting Motion to Stay Pending Appeal filed 5/22/14. 5th Circuit Opinion filed 11/5/14. Mandate issued 2/6/15. Order Amending Permanent Injunction filed on 7/10/15. Magistrate Judge's Findings and Recommendations as to Attorney Fees filed 12/3/15.

 

District Court Documents

Court of Appeals Documents (Merits)

Court of Appeals Documents (Attorney Fees)

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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