Major Pending Cases
Sorted by Case Name
This is a list of pending cases that Election Law @ Moritz is currently monitoring involving election law litigation.
Active Cases Sorted by: Case Name | State | Topic
Archived Cases Sorted by: Case Name | State | Topic
| Case Name | Primary Topic | Current Court | State | Issue | Status |
|---|---|---|---|---|---|
| ACLU of New Mexico v. Chavez EL@M Page Last Updated May 9, 2008 (3:57 PM) | Voter ID | United States Court of Appeals, 10th Circuit | New Mexico | Whether Albuquerque's Voter ID statute, which requires photo identification of in-person voters but not absentee voters, violates equal protection, Plaintiffs' First Amendment rights, or creates an undue burden on the right to vote. | Final Order on 3/7/07- Granting summary judgment in Deft.'s favor on Pl.'s First Amendment claim, Granting summary judgment in Pl.'s favor on Pl.'s equal protection claim, Declaring Art. XIII, Sec. 14 of Albuquerque City Charter unconstitutional, and granting PERMANENT INJUNCTION against enforcement of Art. XIII, Sec. 14 of Albuquerque City Charter in future municipal elections. Pending Appeal to the 10th Circuit. The Appeal in the 10th Circuit has been stayed pending the outcome of Indiana Democratic Party v. Rokita. |
| ACORN v. Cox EL@M Page Last Updated May 9, 2008 (4:00 PM) | Voter Registration | U.S. District Court, Northern District of Georgia | Georgia | 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. | MOTION for Preliminary Injunction filed 8/14/06; Preliminary Injunction granted 9/28/06. Currently in discovery. |
| ACORN v. Scott EL@M Page Last Updated May 9, 2008 (4:01 PM) | Voter Registration | U.S. District for the Western District of Missouri | Missouri | Whether the state of Missouri has violated the NVRA by failing to make voter registration forms sufficiently available in state public assistance offices. | Complaint filed 4/23/08. |
| Banfield v. Cortes EL@M Page Last Updated May 9, 2008 (4:03 PM) | Voting Technology | Commonwealth Court of Pennsylvania | Pennsylvania | Whether the Pennsylvania Secretary of State properly certified electronic voting equipment used throughout the state. | Opinion entered 4/12/07 allowing the continuation of the litigation. Appeal to Pennsylvania Supreme Court filed on 5/10/07. Motion to Dissolve Stay and Motion for Preliminary Injunction filed with the Commonwealth Court on 1/25/08. Hearing set for 2/7/08. |
| Callen v. Blackwell EL@M Page Last Updated May 12, 2008 (3:54 PM) | Voting Technology | Court of Common Pleas, Franklin County, Ohio | Ohio | Whether Ohio's use of Diebold and ES&S voting machines violate state law requirements for reliability, security, accuracy, verifiability, and accessibility. | Complaint filed 11/14/06; Motion to Dismiss filed 11/22/06; Answer filed 12/4/06. Continuance granted until 1/10/08. Pre-trial hearing scheduled for 3/19/08. |
| Common Cause/Georgia v. Billups EL@M Page Last Updated May 9, 2008 (3:26 PM) | Voter ID | U.S. Court of Appeals, 11th Circuit | Georgia | Whether Georgia's Voter ID Statue, which requires a state-issued photo ID, is unconstitutional or violative of the federal Voting Rights Act. | Preliminary Injunction Granted 09/15/06. Case stayed pending resolution of sister state case. Appeal filed with the 11th Circuit Court of appeals on 10/2/07. The Appeal in the 11th Circuit has been stayed pending the resolution of Crawford v. Marion County Elections Board. |
| Diaz v. Hood EL@M Page Last Updated May 9, 2008 (3:43 PM) | Voter Registration | U.S. District Court Southern District of Florida | Florida | Whether disenfranchisement based on the failure to provide information as to voter eligibility violates voters' Equal Protection rights when voters sign a general oath stating that they are eligible to vote under applicable state law. | Counts I, II, VI and VII dismissed, all counts against Secretary of State for conduct in 2004 dismissed. Discovery due by 10/3/2007; Motions due by 10/8/2007; Pretrial Stipulation due by 11/30/2007; Trial set for 2/4/08. |
| DiMaio v. Democratic National Committee EL@M Page Last Updated May 9, 2008 (3:55 PM) | Primary Election Dates | U.S. District Court, Middle District of Florida | Florida | Whether the Democratic National Committee violated federal law or national party rules by deciding to take away Florida's votes in the national presidential nominating convention, as a result of the State moving its primary election up to January 29, 2008. | Complaint filed on 8/30/07. Judgment in favor of defendants entered 10/9/07. Notice of appeal to 11th Circuit filed 10/10/07. Oral argument scheduled before the 11th Circuit on 3/17/08. Case dismissed without prejudice for lack of standing 3/21/08. Case refiled in District Court on 4/8/08. |
| Farrakhan v. Locke EL@M Page Last Updated May 9, 2008 (4:08 PM) | Felon Voting Rights | U.S. Court of Appeals for the Ninth Circuit | Washington | 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. | Appellant's opening brief filed; Appellees' brief filed 2/2/07; Appellants' reply brief filed 3/16/07. |
| Florida State Conference of the NAACP v. Browning EL@M Page Last Updated May 9, 2008 (3:29 PM) | Voter ID | U.S. District Court, Northern District of Florida (Tallahassee) | Florida | Whether Florida's requirement that the driver's license or Social Security number on a registration form be verified before a voter can be registered to vote. | Complaint, Motion for Preliminary Injunction filed, and Motion for Expedited Discovery filed 9/17/07; Amended Complaint filed 9/21/07. Preliminary Injunction, Motion to Dismiss counts 5 and 6 granted 12/18/07. Appeal filed with the 11th Circuit Court of Appeals on 12/19/07. Argued before the 11th Circuit on 1/18/08. Decision reversing grant of preliminary injunction and remanding for futher proceedings issued on 4/3/08. |
| Gonzalez v. Arizona; Navajo Nation v. Brewer; Purcell v. Gonzalez EL@M Page Last Updated May 9, 2008 (4:09 PM) | Voter ID | U.S. District Court, District of Arizona | Arizona | Whether Arizona's voter identification requirements disparately impact minorities in the state and, as such, are unconstitutional. | Order denying Motion for Preliminary Injunction issued 9/11/06; Emergency Motion for Injunction granted 9/29/06 by 9th Circuit; Application for Emergency Stay of Order of 9th Circuit filed 10/13/06; US Supreme Court vacated injunction and remanded; 9th Circuit Affirmed 4/20/07; District Court denied Preliminary Injunction 5/3/07; Scheduling Conference set for 8/3/2007. Order Granting Motion to Dismiss certain claims filed on 2/5/08. |
| Green Party of Michigan v. Michigan Secretary of State EL@M Page Last Updated May 9, 2008 (4:12 PM) | Freedom of Information | U.S. District Court for the Eastern District of Michigan | Michigan | Whether a Michigan statute that requires the Secretary of State to share the voter lists with the two major political parties, but prohibits the sharing of lists with any other group, violates the U.S. Constitution. | Complaint filed 1/11/08. Motion for Summary Judgment filed 2/12/08. Motion for Temporary Restraining Order and Preliminary Injunction filed 2/13/08. |
| Harkless v. Blackwell EL@M Page Last Updated May 9, 2008 (4:12 PM) | Voter Registration | U.S. Court of Appeals, 6th Circuit | Ohio | Whether Secretary of State Kenneth Blackwell and other state officials have violated the National Voter Registration Act by failing to make voter registration applications available at certain social service agencies. | Motion to Dismiss Granted 12/28/06. Motion for Reconsideration of Opinion filed 1/12/07. Response filed 2/26/07. Appeal filed 6/6/07. |
| King Lincoln Bronzeville Neighborhood Association v. Blackwell EL@M Page Last Updated May 9, 2008 (4:15 PM) | Improper Election Administration | U.S. District Court for the Southern District of Ohio | Ohio | Whether the rights, privileges, and immunities guaranteed to Plaintiffs by the Civil Rights Act, and the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution have been violated by the past and ongoing conduct of Secretary of State J. Kenneth Blackwell in connection with past elections in Ohio. | Order issued directing County Board of Elections to preserve all ballots from the 2004 Election. Answer filed 10/25/06. Motion for TRO filed 11/3/06. Opposition to TRO filed 11/6/06. Motion to dismiss as moot pending. Proceedings stayed until 4/9/07 to allow settlement negotiation. Stay extended to 9/21/07. |
| League of Women Voters of Florida v. Browning EL@M Page Last Updated May 9, 2008 (3:42 PM) | Voter Registration | U.S. District Court for the Southern District of Florida | Florida | Complaint filed 4/28/08. | |
| League of Women Voters of Florida v. Cobb EL@M Page Last Updated May 9, 2008 (3:34 PM) | Voter Registration | United States District Court, Southern District of Florida | Florida | Whether regulations imposing fines on nonpartisan voter registration groups, but not on the state's political parties, for mishandling of voter registration applications violates the Fourteenth Amendment of the U.S. Constitution. | Plaintiff's Motion for Preliminary Injunction granted as to counts I, II, and III; Defendant's Motion to dismiss granted as to Count IV. Appellant Brief filed 10/26/06. Appellee Brief filed 12/4/06. Appellant's Reply Brief filed 12/29/06. Case submitted without argument (9/26/07). |
| League of Women Voters v. Blackwell EL@M Page Last Updated May 9, 2008 (4:13 PM) | Improper Election Administration | U.S. Court of Appeals, 6th Circuit | Ohio | Whether Ohio's allegedly dysfunctional election system violates equal protection or due process clause of the 14th amendment. | Appeals pending regarding Sovereign Immunity claim and denial of Motion to Dismiss Intervener's Complaint; Oral argument scheduled for 6/5/07. Case currently in settlement negotiations. |
| NEOCH v. Blackwell EL@M Page Last Updated May 9, 2008 (4:15 PM) | Voter ID | U.S. District Court for the Southern District of Ohio | Ohio | (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. | Complaint filed 10/ 24/06; Temporary Restraining Order issued 10/26/06; Court of Appeals granted stay of TRO 10/31/06; Pretrial Order issued 12/14/06 - State of Ohio's motion to intervene granted - State of Ohio's answer due 4/23/07; discovery schedule set. |
| Northwest Austin Municipal Utility District Number One v. Gonzales EL@M Page Last Updated May 9, 2008 (4:16 PM) | Voting Rights Act | United States District Court, District of Columbia | Texas | Whether the imposition of §5 of the Voting Rights Act requirements, 42 U.S.C. §1973c, upon Northwest Austin Municipal Utility District Number One is improper and/or unconstitutional as the district has allegedly remedied the problems giving rise to the initial imposition of these requirements. | Dispositive motions to be filed on or before April 16, 2007; oppositions by May 16, 2007; and replies, if any, by June 6, 2007. Motion for Summary Judgment filed 5/15/07. |
| Project Vote v. Blackwell EL@M Page Last Updated May 9, 2008 (4:19 PM) | Voter Registration | U.S. District Court for the Northern District of Ohio | Ohio | Whether the newly enacted voter registration provisions of the Ohio Revised Code violate the First and Fourteenth Amendments of the United States Constitution, Section 2 of the Voting Rights Act, and the National Voter Registration Act of 1993. | Preliminary Injunction granted 9/8/2006; Case referred to Magistrate for Mediation to occur during the month of July 2007. Discovery due 7/31/07. Dispositive Motions due 8/31/07. Motion for partial summary judgment filed 7/13/07. Motion for partial summary judgment granted 2/11/08. |
| Ray v. State of Texas EL@M Page Last Updated May 9, 2008 (4:20 PM) | Absentee Ballots | U.S. District Court for the Eastern District of Texas | Texas | Whether the challenged provisions of the Texas Election Code, which place limits on possession and delivery of absentee ballots by third parties, on unconstitutional on grounds that the provisions substantially burden the fundamental right to vote, violate due process, and violate equal protection of the law. | Preliminary injunction granted 10/31/06. Defendants have filed a motion to stay the order with the 5th Circuit 11/01/06. Motion to Stay Granted 11/3/06. U.S. Supreme Court has denied the application to vacate the 5th Circuit's stay 11/4/06. 5th Circuit entered an opinion vacating the preliminary injunction and remanding the case to the Eastern District of Texas (1/9/08). Amended complaint filed 2/7/08. |
| Sarasota Alliance for Fair Elections v. Browning EL@M Page Last Updated May 12, 2008 (3:56 PM) | Voting Technology | Florida Supreme Court | Florida | Whether a Sarasota County Charter amendment, which requires a more aggressive election auditing procedure than the rest of the state, is preempted by the Florida Election Code. | District Court of Appeals issued decision on 10/31/07 reversing lower court and finding that the County Charter is preempted by Florida state election law. An appeal has been filed with the Florida Supreme Court. |
| Summit County Republican Party Executive Committee v. Brunner EL@M Page Last Updated May 9, 2008 (4:23 PM) | Election Judges | Ohio Supreme Court | Ohio | The Summit County Republican Party is challenging Secretary of State Jennifer Brunner's decision to to reject the party's recommended appointee to the county elections board. | Petition for Writ of Mandamus filed 3/4/08. Answer filed 3/10/08. Relator's Merit Brief filed 3/19/08. |
| United States of America v. Brown EL@M Page Last Updated May 9, 2008 (4:25 PM) | Improper Election Administration | U.S. Court of Appeals, 5th Circuit | Mississippi | Whether Defendants have violated §2 and §11(b) of the Voting Rights Act and the 15th amendment to the US Constitution by taking actions with the intent to deny white voters and white candidates access to the political process. | Bench Trial from 1/16/07 until 1/31/07; Court adjourned until 2/15/07 for deposition of experts; Proposed findings due 3/26/07. On 6/29/07, Court ruled that Defendants violated Voting Rights Act. Notice of Appeal filed 7/24/07. Motion for Preliminary Injunction filed 7/25/07. Preliminary Injunction granted 7/31/07. Order granting remedial relief entered 8/27/07. Case currently pending appeal in the 5th Circuit. |
| United States of America v. New York Board of Elections EL@M Page Last Updated May 12, 2008 (3:51 PM) | Voting Technology | U.S. District Court for the Northern District of New York | New York | Whether the State of New York has meet its obligations under the national Help America Vote Act (HAVA), which requires, among other things, up-to-date and accessible voting machines. | Motion hearing held on 12/20/07. Supplemental Remedial Order issued 1/16/08. |
| United States v. Alabama EL@M Page Last Updated May 9, 2008 (4:28 PM) | State Voter Registration Databases | U.S. District Court, Middle District of Alabama | Alabama | Whether Alabama has failed to comply with the Help America Vote Act by not implementing technology or procedures required to create a statewide voter registration database. | Substance of D's HAVA compliance plan accepted, timeline rejected. Court has appointed Governor Bob Riley as Special Master to administer the plan. |
Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
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