Pending Cases Arranged by Case Name
Arrange Active Cases by: Case Name | State | Primary Topic | Date Filed
Arrange Archived Cases by: Case Name | State | Primary Topic | Date Filed
This is a list of pending election law litigation cases that Election Law @ Moritz is currently monitoring.
Applewhite v. Pennsylvania
EL@M Case Page (last modified June 18, 2013 (9:21 AM))
Date Filed: 5/1/12
State: Pennsylvania
Topic(s):
Voter ID
Current Court:
Commonwealth Court of Pennsylvania
Case Issue:
Whether Pennsylvania's newly passed state voter ID law violates the Pennsylvania Constitution and whether or not the law can go into effect for the 2012 general election.
Latest Status:
Petition for Review filed 5/1/12. Trial scheduled for 7/25/12. Motion for preliminary injunction denied 8/15/12. Notice of Appeal to Supreme Court of Pennsylvania filed 8/16/12. Order granting motion to expedite and setting briefing schedule filed 8/23/12. Oral argument set for 9/13/12. Appellant's brief filed 8/30/12. Appellee's briefs filed 9/7/12. Order Vacating Judgment and Remanding Case filed 9/18/12. Opinion and Order Granting Preliminary Injunction filed 10/2/12. Trial on Permanent Injunction scheduled for July 2013. Joint stipulation that preliminary injunction will continue through May primary election filed 2/14/13.
Arcia v. Detzner
EL@M Case Page (last modified May 8, 2013 (1:03 PM))
Date Filed: 6/19/12
State: Florida
Topic(s):
Voter Fraud, Voter Eligibility, State Voter Registration Databases
Current Court:
U.S. 11th Circuit Court of Appeals
Case Issue:
Whether Florida's "voter purge" violates section 2 of the Voting Rights Act by having a disproportionate effect on African-American and Hispanic citizens.
Latest Status:
Complaint filed 6/19/12. Answer filed 7/12/12. Amended Complaint filed 9/12/12. Plaintiffs' Motion for Preliminary Injunction and Summary Judgment filed 9/19/12. Defendant's Answer to Amended Complaint filed 10/2/12. Order Denying Plaintiffs' Motion for Preliminary Injunction and Summary Judgment filed 10/4/12. Final Judgment Entered 10/29/12. Notice of Appeal filed 11/1/12. Appellant's brief filed 12/17/12. Letter from Court to Parties requesting responses on jurisdictional question filed 12/31/12. Appellees' Response Brief filed 1/22/13.
Arizona v. The Inter Tribal Council of Arizona, Inc.
EL@M Case Page (last modified June 17, 2013 (10:30 AM))
Date Filed: 5/9/06
State: Arizona
Topic(s):
Voter ID
Current Court:
U.S. Supreme Court
Case Issue:
Original Issue: Whether Arizona's voter identification requirements disparately impact minorities in the state and, as such, are unconstitutional.
Current Issue: Whether, under the Elections Clause of the Consitution, the Circuit Court properly applied a heightened preemption test in this case, allowing the NVRA to preempt Arizona's law.
Latest Status:
Order Granting Rehearing En Banc entered 4/27/11. Order of Preliminary Information Regarding Rehearing En Banc entered 4/28/11. En banc oral argument scheduled for 6/21/2011. Court of Appeals Opinion filed 4/19/12. Temporary U.S. Supreme Court stay 6/14/12. U.S Supreme Court Stay Vacated 6/28/12. Petition for certiorari filed 7/16/12. Petition for certiorari granted 10/15/12. State Petitioners' Brief filed 12/7/12. Oral argument held 3/18/13. Opinion issued 6/17/13.
Banfield v. Aichele
EL@M Case Page (last modified June 3, 2013 (10:18 AM))
Date Filed: 8/15/06
State: Pennsylvania
Topic(s):
Voting Technology
Current Court:
Commonwealth Court of Pennsylvania
Case Issue:
Whether Pennsylvania’s use of DREs (direct recording electronic voting machines) violates Pennsylvania or federal law; whether the Secretary of the Commonwealth is required to re-examine the electronic voting system at request of electors.
Latest Status:
Motions for Summary Judgment filed 8/8/11 by both Petitioner and Respondent. Opinion denying petitioners' motion for partial summary judgment issued 8/29/12. Status Conference scheduled for 1/29/13. Counts 1, 4, 5, and 6 dismissed on 1/29/13.
Brown v. Detzner
EL@M Case Page (last modified June 18, 2013 (9:15 AM))
Date Filed: 7/27/12
State: Florida
Topic(s):
Early Voting
Current Court:
U.S. District Court for the Middle District of Florida
Case Issue:
Whether Florida's 2011 changes to state election law, specifically beginning early voting 10 days before an election (as opposed to 15) and eliminating early voting on the Sunday before an election, are legal under the 14th Amendment, the Voting Rights Act and Florida's Constitution.
Latest Status:
Complaint filed 7/27/12. Answer filed 8/20/12. Court order denying motion for preliminary injunction filed 9/24/12.
Bryanton v. Johnson
EL@M Case Page (last modified May 30, 2013 (9:17 AM))
Date Filed: 9/17/12
State: Michigan
Topic(s):
Current Court:
United States District Court for the Eastern District of Michigan
Case Issue:
Whether Johnson, Michigan's Secretary of State, was allowed to include on in-person and absentee ballots a check-box that asked voters to verify their citizenship, in the absence of a statutory mandate to do so.
Latest Status:
Complaint filed 9/17/12. Preliminary Injunction granted 10/10/12. Defendant's Answer filed 11/13/12. Case Dismissed and Preliminary Injunction Dissolved 5/29/13.
Citizen Center v. Gessler
EL@M Case Page (last modified June 11, 2013 (9:25 AM))
Date Filed: 2/13/12
State: Colorado
Topic(s):
Improper Election Administration, Voting Technology
Current Court:
United States 10th Circuit Court of Appeals
Case Issue:
Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.
Latest Status:
complaint filed 2/13/12. Motions to Dismiss filed 6/4/12. Motion for Temporary Restraining Order and Preliminary Injunction filed 8/17/12. Case dismissed by minute order 9/24/12. Judgment issued 9/25/12. Appeal docketed with 10th Circuit on 10/30/12.
CREW v. IRS
EL@M Case Page (last modified June 5, 2013 (9:37 AM))
Date Filed: 5/21/13
State: Washington, D.C.
Topic(s):
Campaign Finance
Current Court:
U.S. District Court for the District of Columbia
Case Issue:
1. Did the IRS act arbitrarily, capriciously, and contrary to law in denying plaintiff's petition for rulemaking to address asserted conflict between regulations governing 501(c)(4) organizations and the Tax Code?
2. Is plaintiff entitled to a writ of mandamus compelling the IRS to institute rulemaking proceedings and address asserted inconsistency between regulations governing 501(c)(4) organizations and the Tax Code?
Latest Status:
Complaint filed 5/21/13.
Davis v. Perry
EL@M Case Page (last modified June 7, 2013 (9:32 AM))
Date Filed: 9/22/11
State: Texas
Topic(s):
Redistricting, Vote Dillution
Current Court:
United States Court for the Western District of Texas
Case Issue:
Whether Texas' State Senate Redistricting Plan violates the Voting Rights Act.
Latest Status:
District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court order pending oral argument scheduled 1/9/12. Supreme Court opinion filed 1/20/12. District Court Order Entering a Redistricting Plan 3/1/12. Court Order Adopting interim plan for 2012 election entered 9/7/12.
Fair Elections Ohio, Brunner v. Husted
EL@M Case Page (last modified February 22, 2013 (10:27 AM))
Date Filed: 8/24/12
State: Ohio
Topic(s):
Early Voting
Current Court:
United States District Court for the Southern District of Ohio
Case Issue:
Whether Ohio unconstitutionally burdened citizens' right to petition by referendum when it refused to place on the ballot a petition challenging a law on Ohio elections (including early voting).
Latest Status:
Complaint filed 8/24/12. Motion to Dismiss filed 1/14/13.
Fair Elections Ohio, The Amos Project, et al v. Husted
EL@M Case Page (last modified April 26, 2013 (10:30 AM))
Date Filed: 10/15/12
State: Ohio
Topic(s):
Absentee Ballots
Current Court:
United States District Court for the Southern District of Ohio
Case Issue:
Whether it is constitutional for Ohio to fail to make provisions for persons arrested after the absentee ballot deadline (the Saturday before the election at noon) to vote from jail.
Latest Status:
Complaint filed 10/15/12. First-amended complaint filed 10/18/12. Hearing on motion for Temporary Restraining Order set for 10/23/12. Plaintiff's Motion for Temporary Restraining Order denied 11/1/12. Answer filed 11/6/12. Joint Discovery Plan filed 12/28/12. Preliminary Pretrial Order filed 1/16/13. Answer of Defendant Preisse filed 1/22/13.
Favors v. Cuomo
EL@M Case Page (last modified June 10, 2013 (9:16 AM))
Date Filed: 11/17/11
State: New York
Topic(s):
Redistricting
Current Court:
United States District Court for the Eastern District of New York
Case Issue:
Whether New York's redistricting procedure violates the Due Process and Equal Protection Clauses of the 14th Amendment, among other provisions.
Latest Status:
Complaint filed 11/17/11. Motion to Dismiss Denied 5/16/12. Answer to Cross Claim filed 6/18/12. Assembly Majority's Motion for Summary Judgment on Equal Population claims and section 2 claims filed 6/29/12. Stipulation of Dismissal of Voting Rights Act Section 2 claims against Assembly defendants filed 12/18/12.
Frank v. Walker
EL@M Case Page (last modified January 31, 2013 (10:28 AM))
Date Filed: 12/13/11
State: Wisconsin
Topic(s):
Voter ID
Current Court:
United States District Court for the Eastern District of Wisconsin
Case Issue:
Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.
Latest Status:
Complaint filed 12/13/11. Motion for Preliminary Injunction and Motion for Class Certification filed 4/23/12. Trial postponed until Spring 2013.
Gill v. IRS
EL@M Case Page (last modified June 12, 2013 (8:43 AM))
Date Filed: 2/19/13
State: Washington, D.C.
Topic(s):
Campaign Finance
Current Court:
United States District Court for the District of Columbia
Case Issue:
Whether the IRS regulation allowing tax exempt status for "social welfare" organizations is arbitrary or capricious as applied to groups active in particular political races.
Latest Status:
Complaint filed 2/19/13. IRS's motion to dismiss filed 4/22/13. Plaintiffs' Memo in Opposition to Motion to Dismiss filed 5/17/13. Joint Stipulation of Dismissal filed 6/7/13.
Gusciora v. Christie
EL@M Case Page (last modified August 3, 2012 (8:25 AM))
Date Filed: 10/19/04
State: New Jersey
Topic(s):
Voting Technology
Current Court:
New Jersey Superior Court, Appellate Division
Case Issue:
Whether New Jersey's use of certain voting machines violates New Jersey constitutional and statutory law.
Latest Status:
Notice of Appeal filed 7/20/11. Appellants' brief filed 10/12/11. State's brief filed 2/8/12.
Jones v. Deininger
EL@M Case Page (last modified January 31, 2013 (10:34 AM))
Date Filed: 2/23/12
State: Wisconsin
Topic(s):
Voter ID
Current Court:
U.S. District Court for the Eastern District of Wisconsin
Case Issue:
Whether Wisconsin's voter ID law violates the right to vote of African-Americans and Latinos.
Latest Status:
Complaint filed 2/23/12. Motion for Preliminary Injunction filed 4/23/12. Trial Postponed until Spring 2013.
Judicial Watch, Inc. v. Husted
EL@M Case Page (last modified December 3, 2012 (1:02 PM))
Date Filed: 8/30/12
State: Ohio
Topic(s):
Voter Registration
Current Court:
U.S. District Court for the Southern District of Ohio, Eastern Division
Case Issue:
Whether Ohio has complied with voter list maintenance obligations under section 8 of the National Voter Registration Act (NVRA).
Latest Status:
Complaint filed 8/30/12. Answer filed 9/21/12. Pre-trial conference held 11/27/12.
League of Women Voters of Wisconsin v. Walker
EL@M Case Page (last modified May 31, 2013 (8:49 AM))
Date Filed: 10/20/11
State: Wisconsin
Topic(s):
Voter ID
Current Court:
Wisconsin Court of Appeals, District IV
Case Issue:
Whether Wisconsin statute requiring voters to produce photo ID at the polls is constitutional.
Latest Status:
Complaint filed 10/20/11. Defendant's motion to dismiss amended complaint filed 1/27/12. Plaintiff's motion for summary judgment filed 2/3/12. Decision and Order Granting Summary Declaratory Judgment and Permanent Injunction filed 3/12/12. Court of Appeals Certification of appeal for review by Wisconsin Supreme Court 3/28/12. Wisconsin Supreme Court's denial of petition for leave to appeal 4/16/12. Defendant's brief filed in Court of Appeals 5/25/12. Intervenor's brief filed 7/10/12. Plaintiffs' brief filed 8/20/12. Defendant's Petition to Bypass Court of Appeals and Motion for Stay filed in Wisconsin Supreme Court 8/21/12. Order denying motion to bypass filed 9/27/12. Court of Appeals opinion reversing trial court decision filed 5/30/13.
LULAC v. Harris County
EL@M Case Page (last modified June 18, 2013 (9:17 AM))
Date Filed: 10/11/12
State: Texas
Topic(s):
Voter Registration, Voting Rights Act
Current Court:
United States District Court for the Southern District of Texas
Case Issue:
Whether Harris County's rejection of voter registrations solely because the voter's listed address is a commercial address is proper under the Voting Rights Act and a previous consent decree.
Latest Status:
Complaint filed 10/11/12. Answer filed 12/18/12.
McCutcheon v. FEC
EL@M Case Page (last modified May 20, 2013 (11:35 AM))
Date Filed: 6/22/12
State: Washington, D.C.
Topic(s):
Campaign Finance
Current Court:
United States Supreme Court
Case Issue:
Whether the aggregate federal donation limits for each election cycle violate the 1st amendment.
Latest Status:
Complaint filed 6/22/12. Memorandum Opinion issued 9/28/12. Notice of Appeal to U.S. Supreme Court filed 10/9/12. FEC's Motion to Dismiss or Affirm filed 1/2/13. Appellants' Brief Opposing Motion to Dismiss or Affirm filed 1/14/13. Brief of Republican National Committee filed 5/6/13. Brief of Appellant Shaun McCutcheon filed 5/6/13.
Mi Familia Vota Education Fund v. Detzner
EL@M Case Page (last modified March 18, 2013 (10:43 AM))
Date Filed: 6/8/12
State: Florida
Topic(s):
Voter Eligibility, Voter Fraud, State Voter Registration Databases
Current Court:
U.S. District Court for the Middle District of Florida
Case Issue:
Whether the Florida Secretary of State violated Section 5 of the Voting Rights Act of 1965 by purging voters off the state's voting rolls.
Latest Status:
Complaint filed 6/8/12. Motion to Dismiss filed 7/13/12. First Amended Complaint filed 7/27/12. Order Denying Motion to Dimiss entered 9/18/12. Answer to First Amended Complaint filed 10/2/12. Trial set for 8/5/13.
Milwaukee Branch of the NAACP v. Walker
EL@M Case Page (last modified February 4, 2013 (11:52 AM))
Date Filed: 12/16/11
State: Wisconsin
Topic(s):
Voter ID
Current Court:
Wisconsin Court of Appeals, District II
Case Issue:
Whether Wisconsin statute requiring voters to produce photo ID at polls violates several provisions of the Wisconsin Constitution.
Latest Status:
Complaint filed 12/16/11. Plaintiff's motion for preliminary injunction filed 1/18/12. Answer filed 2/6/12. Order granting motion for temporary injunction issued 3/12/12. Circuit court order denying Motion to Stay 3/15/12. Wisconsin Supreme Court order denying petition for leave to appeal 4/16/12. Trial held in circuit court 4/16/12 - 4/19/12 with decision expected after parties submit trial briefs by 6/18/12. Court of appeals order denying petition for leave to appeal and motion for stay 4/25/12. Permanent injunction issued by Circuit Court 7/17/12. Notice of Appeal filed 7/23/12. Defendant's Petition to Bypass Court of Appeals and Motion for Stay filed in Wisconsin Supreme Court 8/21/12. Order denying motion to bypass filed 9/27/12. Intervenors' Brief filed 10/10/12. Respondents' Brief filed 11/5/12. Intervenors' Reply Brief filed 11/21/12. State's Reply Brief filed 1/14/13.
NEOCH v. Husted
EL@M Case Page (last modified June 12, 2013 (8:51 AM))
Date Filed: 10/24/06
State: Ohio
Topic(s):
Voter ID, Provisional Ballots
Current Court:
U.S. Court of Appeals, 6th Circuit
Case Issue:
Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.
Current Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.
Latest Status:
First Brief of Appellant for 11-3035/ 11-3036 filed 3/25/11. Appellant's Brief filed 3/30/11. Letter Allowing for Filing of Brief Instanter by Ohio Attorney General's Office filed 3/31/11. Appellee's Brief filed 4/27/11. Related Ohio Supreme Court action dismissed 5/11/12. Oral argument on validity of Consent Decree held 6/27/12. Opinion and Order Upholding the Consent Decree filed 7/9/12. Notice of Appeal filed 7/19/12. Appellant's briefs filed 8/20/12. Plenary Opinion and Order issued 8/27/12. NEOCH's appellate brief filed 9/4/12. Husted's reply brief filed 9/10/12. Oral argument calendar filed 9/17/12. Oral argument held 10/1/12. 6th Circuit Opinion issued 10/11/12. District Court opinion on remand announced from bench 10/24/12 - written opinion will follow. Written opinion and order denying plaintiffs' motion to modify consent decree and granting defendants' motion to modify consent decree filed 10/26/12. Emergency motion to clarify scope of 2010 consent decree filed 11/1/12. Order for expedited briefing schedule filed 11/2/12. Plaintiffs' Joint Notice of Husted's Directive filed 11/2/12. State's memorandum in Opposition filed 11/6/12. Order Granting Plaintiffs' Motion filed 11/13/12. Notice of Appeal filed 11/13/12. Motion for Emergency Stay filed 11/14/12. Motion for Stay Granted 11/16/12. Revised Briefing Schedule filed 1/7/13. Briefing Scheduled Extended 5/15/13.
Obama for America v. Husted
EL@M Case Page (last modified February 22, 2013 (10:52 AM))
Date Filed: 7/17/12
State: Ohio
Topic(s):
Early Voting
Current Court:
United States District Court for the Southern District of Ohio
Case Issue:
Whether Ohio's current election law, which restricts early voting in the three days prior to an election on certain voters, violates 42 USCA 1983 and/or the Equal Protection Clause of the 14th Amendment.
Latest Status:
Complaint filed 7/17/12. Motion for Preliminary Injunction filed 7/17/12. Motion to Intervene Granted 8/6/12. Hearing on Motion for Preliminary Injunction held 8/15/12. Opinion and Order Granting Motion for Preliminary Injunction filed 8/31/12. Notice of Appeal of Preliminary Injunction filed 9/4/12. Motion to Enforce Court's Order filed 9/5/12. Hearing on Motion set for 9/13/12. Hearing set for 9/13/12 vacated. Appellants' brief filed 9/10/12. Appellees' brief filed 9/17/12. Reply Brief filed 9/21/12. Opinion affirming district court filed 10/5/12. Application for stay filed in Supreme Court 10/9/12. Reply Brief filed 10/13/12. Stay denied 10/16/12. Answer filed 12/3/12.
Perez v. Texas
EL@M Case Page (last modified June 14, 2013 (9:14 AM))
Date Filed: 5/9/11
State: Texas
Topic(s):
Redistricting, Vote Dillution
Current Court:
US District Court for the Western District of Texas
Case Issue:
Whether Texas' redistricting plan violates the Constitution because it does not make a good faith effort to maintain population equality and treats inmates as residents of the counties in which they are incarcerated.
Latest Status:
District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court's order pending oral argument scheduled 1/9/11. Election Scheduling Order filed 3/19/12. Interim plan for 2012 Elections entered 9/7/12. Stay denied by Supreme Court 10/3/12.
Scott v. Schedler
EL@M Case Page (last modified May 20, 2013 (10:58 AM))
Date Filed: 4/19/11
State: Louisiana
Topic(s):
Voter Registration, Voter Eligibility
Current Court:
U.S. District Court for the Eastern District of Louisiana
Case Issue:
Whether Louisiana has complied with the obligations imposed on states by the federal government in the NVRA.
Latest 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.
SEIU v. Husted
EL@M Case Page (last modified May 20, 2013 (11:12 AM))
Date Filed: 6/22/12
State: Ohio
Topic(s):
Provisional Ballots
Current Court:
United States 6th Circuit Court of Appeals
Case Issue:
Whether the failure to ensure that all provisional ballots are properly counted violates the 14th Amendment, the right to vote, the 17th amendment and/or federal voting statutes.
Latest Status:
Complaint and Motion for Preliminary Injunction filed 6/22/12. Answer to Second Amended Complaint filed 8/7/12. Plenary Opinion and Order issued 8/27/12. State of Ohio's Motion to Intervene filed 9/4/12. State of Ohio's and Secretary of State's Notices of Appeal filed 9/6/12. Motion to dismiss state's appeal filed 9/7/12. State's response to motion to dismiss filed 9/7/12. State's brief and Secretary Husted's brief filed 9/14/12. SEIU's brief filed 9/21/12. State of Ohio's appeal dismissed for lack of standing 9/28/12. Oral argument held 10/1/12. Sixth Circuit Opinion issued 10/11/12. District Court Opinion and Order granting motion for preliminary injunction filed 10/26/12. Appellants Emergency Motion to Stay Injunction pending appeal filed 10/26/12. Stay issued by 6th Circuit 10/31/12. Plaintiffs' Joint Notice of Husted's Directive filed 11/2/12. State's memorandum in opposition filed 11/6/12. Petition for en banc rehearing filed 11/15/12. Order denying petition for en banc rehearing filed 12/5/12. Letter Revising Briefing Schedule filed 1/7/13. Briefing Schedule Extended 5/15/13.
Shelby County, Alabama v. Holder
EL@M Case Page (last modified February 28, 2013 (10:57 AM))
Date Filed: 4/27/10
State: Alabama
Topic(s):
Voting Rights Act
Current Court:
U.S. Supreme Court
Case Issue:
Whether Sections 4(b) and 5 of the Voting Rights Act are unconstitutional.
Latest Status:
Appellee Attorney General Holder brief filed 12/1/11. Amicus Brief of New York Law School Racial Justice Project filed 12/7/11. Appellant Shelby County, Alabama filed 12/15/11. Court of Appeals Opinion and Order filed 5/18/12. Petition for certiorari filed 7/20/12. Brief for Respondents in Opposition to certiorari filed 9/24/12. Petition for Certiorari granted 11/9/12. Set for argument 2/27/13. Petitioner's Brief filed 12/26/12. Reply Brief for Petitioner filed 2/19/13. Supreme Court oral argument held 2/27/13.
South Carolina v. United States
EL@M Case Page (last modified January 17, 2013 (10:45 AM))
Date Filed: 2/7/12
State: South Carolina
Topic(s):
Voting Rights Act, Voter ID
Current Court:
U.S. District Court for the District of Columbia
Case Issue:
Whether the US Justice Department properly denied preclearance to South Carolina's Voter ID law under Section 5 of the Voting Rights Act
Latest Status:
Complaint filed 2/7/12. Answer filed 4/9/12. Trial set to begin 8/27/12. Opinion delaying implementation of Voter ID law until after 2012 election issued 10/10/12. Order Finding South Carolina Entitled to Costs with Certain Items Excluded filed 1/4/13.
Texas v. Holder
EL@M Case Page (last modified May 10, 2013 (2:50 PM))
Date Filed: 1/24/12
State: Texas
Topic(s):
Voting Rights Act, Voter ID
Current Court:
United States Supreme Court
Case Issue:
Whether Texas' voter ID law should be granted preclearance under section 5 of the Voting Rights Act.
Latest Status:
Complaint Filed 1/24/12. Answer filed 4/9/12. Trial commenced 7/10/12. Opinion Denying Texas' Request for a Declaratory Judgment on Count One issued 8/30/12. Plaintiff's Motion for Summary Judgment filed 10/1/12. Order entering final judgment on claim one filed 12/17/12. Notice of Appeal to Supreme Court filed 12/19/12. Lawyer's Committee Motion to Affirm filed 5/9/13. DOJ's Motion to Affirm filed 5/9/13. Rodriguez Intervenor's Motion to Affirm filed 5/9/13.
Texas v. United States
EL@M Case Page (last modified December 28, 2012 (1:15 PM))
Date Filed: 7/19/11
State: Texas
Topic(s):
Redistricting
Current Court:
United States Supreme Court
Case Issue:
Whether Texas' Recently Enacted Redistricting Plans Violate Section 5 of the Voting Rights Act.
Latest Status:
Trial commenced 1/17/12. Post-trial briefs filed 2/6/12 and 2/7/12. Opinion issued 8/28/12. Notice of appeal to U.S. Supreme Court filed 8/31/12. Jurisdictional statement filed 10/19/12. Mexican-American Legislative Caucus' Motion to Affirm filed 12/6/12. United States' Motion to Affirm in Part filed 12/7/12. Davis' Motion to Affirm filed 12/7/12. Texas Latino Redistricting Task Force's Motion to Affirm filed 12/7/12. Texas' Reply Brief filed 12/13/12.
Townley v. Miller
EL@M Case Page (last modified January 8, 2013 (11:28 AM))
Date Filed: 6/8/12
State: Nevada
Topic(s):
Ballot Design
Current Court:
U.S. Court of Appeals for the 9th Circuit
Case Issue:
Whether Nevada state law, which allows voters to choose "none of the above" as a ballot option, but then requires that those ballots not be counted, is Constitutional.
Latest Status:
Complaint filed 6/8/12. Appeal to 9th Circuit filed 8/24/12. Order Granting Emergency Motion for Stay Pending appeal issued 9/5/12. Appellants' briefs filed 9/24/12. Appellees' Brief filed 11/5/12. Appellants' Reply Brief filed 12/3/12. Set for oral argument 3/11/13.
True the Vote, Inc. v. IRS
EL@M Case Page (last modified May 24, 2013 (10:03 AM))
Date Filed: 5/21/13
State: Washington, D.C.
Topic(s):
Campaign Finance
Current Court:
U.S. District Court for the District of Columbia
Case Issue:
1) Whether True the Vote is exempt from Federal Income tax as a 501(c)(3) organization.
2) Whether the IRS violated True the Vote's First Amendment right of freedom of speech and association.
3) Whether the IRS overstepped its statutory authority in requesting additional information from True the Vote.
Latest Status:
Complaint filed 5/21/13
Voting for America v. Skeen
EL@M Case Page (last modified November 27, 2012 (1:19 PM))
Date Filed: 2/13/12
State: Texas
Topic(s):
State Voter Registration Databases, Voter Registration
Current Court:
U.S. Fifth Circuit Court of Appeals
Case Issue:
Whether Texas' state voter registration procedures violate the NVRA.
Latest Status:
Complaint filed 2/3/12. Motion to Dismiss filed 3/25/12. Answer filed 3/27/12. Texas' Motion to Intervene Granted 6/8/12. Opinion and Order on Motion for Preliminary Injunction filed 8/2/12. Defendant Skeen's Notice of Appeal filed 8/16/12. Order Granting Stay Pending Appeal Issued issued 9/6/12. 5th Circuit oral argument schedule entered 9/26/12. Appellee's Brief filed 11/16/12. Appellant's Reply Brief filed 11/26/12.
Wagner v. Federal Election Commission
EL@M Case Page (last modified June 14, 2013 (9:10 AM))
Date Filed: 10/19/11
State: Washington, D.C.
Topic(s):
Campaign Finance
Current Court:
U.S. Court of Appeals for the D.C. Circuit
Case Issue:
Whether a federal statute barring individuals who have government contracts from making political contributions is constitutional.
Latest Status:
Complaint filed 10/19/2011. Answer filed 2/17/12. Motion for Preliminary Injunction denied 4/16/12. Plaintiffs' Motion for Summary Judgment filed 7/12/12. FEC's Motion for Summary Judgment filed 8/15/12. Memorandum and opinion issued 11/2/12. Notice of appeal filed 11/8/12. Circuit Court scheduling order filed 11/19/12. Appellant Brief filed 1/16/13. Appellee Brief filed 2/20/13. Oral Argument held 5/16/13. Opinion Per Curiam Vacating and Remanding 5/31/13.


Commentary
Arizona: Voter Registration and the Road Ahead
Justin Levitt
June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.
more commentary...