Election Law @ Moritz

Major Pending Cases

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This is a list of pending cases that Election Law @ Moritz is currently monitoring involving election law litigation.

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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 IDUnited States Court of Appeals, 10th CircuitNew MexicoWhether 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 RegistrationU.S. District Court, Northern District of GeorgiaGeorgiaWhether 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 RegistrationU.S. District for the Western District of MissouriMissouriWhether 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 TechnologyCommonwealth Court of PennsylvaniaPennsylvaniaWhether 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 TechnologyCourt of Common Pleas, Franklin County, OhioOhioWhether 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 IDU.S. Court of Appeals, 11th CircuitGeorgiaWhether 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 RegistrationU.S. District Court Southern District of FloridaFloridaWhether 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 DatesU.S. District Court, Middle District of FloridaFloridaWhether 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 RightsU.S. Court of Appeals for the Ninth CircuitWashingtonWhether 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 IDU.S. District Court, Northern District of Florida (Tallahassee)FloridaWhether 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 IDU.S. District Court, District of ArizonaArizonaWhether 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 InformationU.S. District Court for the Eastern District of MichiganMichiganWhether 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 RegistrationU.S. Court of Appeals, 6th CircuitOhioWhether 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 AdministrationU.S. District Court for the Southern District of OhioOhioWhether 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 RegistrationU.S. District Court for the Southern District of FloridaFloridaComplaint filed 4/28/08.
League of Women Voters of Florida v. Cobb
EL@M Page Last Updated May 9, 2008 (3:34 PM)
Voter RegistrationUnited States District Court, Southern District of FloridaFloridaWhether 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 AdministrationU.S. Court of Appeals, 6th CircuitOhioWhether 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 IDU.S. District Court for the Southern District of OhioOhio(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 ActUnited States District Court, District of ColumbiaTexasWhether 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 RegistrationU.S. District Court for the Northern District of OhioOhioWhether 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 BallotsU.S. District Court for the Eastern District of TexasTexasWhether 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 TechnologyFlorida Supreme CourtFloridaWhether 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 JudgesOhio Supreme CourtOhioThe 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 AdministrationU.S. Court of Appeals, 5th CircuitMississippiWhether 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 TechnologyU.S. District Court for the Northern District of New YorkNew YorkWhether 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 DatabasesU.S. District Court, Middle District of AlabamaAlabamaWhether 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.