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Last Updated: September 10, 2010 at 1:39 PM

Morales v. Handel

Case Information

Date Filed: October 9, 2008
State: Georgia
Issues: Voter Registration, State Voter Registration Databases, Voting Rights Act
Courts that Heard this Case: U.S. District Court for the Northern District of Georgia (Case 1:08-cv-03172)

Issue:

Whether the state's new voter registration list maintenance procedures, which include a citizenship check, violate the Voting Rights Act and the National Voter Registration Act.

Status:

Order Denying Plaintiffs' and Defendants' Motions to Dismiss and Motions for Summary Judgment and Extending the Preliminary Injunction entered 6/15/10. Civil Case Terminated 6/15/10. Defendant's Certification of Compliance with Court's Order filed 7/6/10.

District Court Documents

Complaint (filed 10/9/08)
- Civil Cover Sheet, Summons
- Exhibits A, A1, A2
MOTION for Preliminary Injunction, Temporary Restraining Order and to Convene Three-Judge Court (filed 10/9/08)
- Memorandum in Support
- Exhibits A, A1, A2
- Exhibits B, B1, B2, B3, B4, B5, B6, B7, B8, B9, B10, B11
- Proposed Order
ORDER directing parties to appear for hearing on plaintiff's motion on 10/10/2008 (entered 10/9/08)
ORDER granting plaintiff's MOTION to the extent that the motion seeks a three judge panel (filed 10/10/08)
- Letter from USDC Judge Jack T. Camp
Response to Motion for TRO and Preliminary Injunction (filed 10/13/08)
REPLY to Response to MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order (filed 10/14/08)
- Exhibit
ORDER DENYING MOTION for Temporary Restraining Order (entered 10/16/08)
ORDER Setting Hearing on MOTION for Preliminary Injunction: Motion Hearing set for 10/22/2008 (entered 10/16/08)
NOTICE Of Filing by Karen Handel Regarding Witnesses and Documents for October 22, 2008 Hearing (filed 10/20/08)
- Exhibit 1 A
- Exhibit 1 B
- Exhibit 1 C
- Exhibit 1 D
- Exhibit 2 A
- Exhibit 2 B
- Exhibit 2 C
- Exhibit 2 D
- Exhibit 3
- Exhibit 4 Part 1
- Exhibit 4 Part 2
- Exhibit 4 Part 3
- Exhibit 5
Proposed Findings of Fact by Karen Handel (filed 10/20/08)
AFFIDAVIT (Declaration of Mary Mullins Lee) by Jose Morales (filed 10/20/08)
First MOTION for Extension of Time To File Plaintiff's List of Witnesses, Testimony and Documents (filed 10/20/08)
MINUTE ORDER granting Motion for Extension of Time (entered 10/21/08)
Proposed Findings of Fact by Jose Morales (filed 10/21/08)
NOTICE by Jose Morales Plaintiff's Notice of Witnesses and Filing of Declaration and documents for the October 22 Hearing (filed 10/21/08)
NOTICE by Jose Morales Notice of Filing Substituted Page 9 of Plaintiff's Findings of Fact and Conclusions of Law In Support of Plaintiff's Motion for Preliminary Injunction (filed 10/21/08)
Amicus Curiae APPEARANCE entered by Sharon Douglas Stokes on behalf of United States (filed 10/21/08)
- Memorandum of the United States as Amicus Curiae
- Memorandum Attachment
- Text of Proposed Order
Minute Entry for proceedings held on 10/22/2008 (filed 10/22/08)
ORAL ORDER granting Oral Motion by USA for Amicus entry (filed 10/22/08)
PROPOSED ORDER (filed 10/23/08)
PROPOSED ORDER (filed 10/23/08)
PROPOSED ORDER (filed 10/23/08)
NOTICE by Jose Morales Report to the Court on the Late Filing of Plaintiff's Proposed Order (filed 10/23/08)
ORDER granting Plaintiff's Motion for Preliminary Injunction under Section 5 (filed 10/27/08)
ANSWER to COMPLAINT (filed 10/29/08)
NOTICE Of Filing Documents and Report in Compliance with Court Order by Karen Handel (filed 10/31/08)
- Exhibit A
- Exhibit B
- Exhibit C
Joint PRELIMINARY REPORT AND DISCOVERY PLAN (filed 11/26/08)
Initial Disclosures by Karen Handel (filed 11/26/08)
Initial Disclosures by Jose Morales (filed 11/26/08)
- Exhibit
ORDER approving Preliminary Report and Discovery Plan except as herein modified (filed 12/1/08)
Plaintiff's Unopposed MOTION for Extension of Time to File Motion for Class Certification (filed 12/23/08)
ORDER on Motion for Extension of Time (entered 12/24/08)
First Motion to Amend Complaint with Brief in Support by Morales (filed 2/5/09)
Second Motion for Extension of Time File Motion for Class Certification by Morales (filed 2/5/09)
Response to First Motion to Amend Complaint filed by Defendant (filed 2/18/09)
Submission of Second Motion for Extension of Time File Motion for Class Certification to District Judge Camp (filed 2/24/09)
Submission of First Motion to Amend Complaint to District Judge Camp (filed 3/6/09)
Amended Complaint adding NAACP, Georgia Association of Latino Elected Officials, The Center for Pan Asian Community Services as Plaintiffs (entered 3/10/09)
Joint Motion for Extension of Time to Complete Discovery (filed 3/10/09)
Order Granting Joint Motion for Extension of Time to Complete Discovery Discovery ends 6/25/09 (entered 3/13/09)
Answer to Amended Complaint (filed 3/24/09)
Joint Motion for Status Conference (filed 6/2/09)
Joint Motion to Stay Proceedings Pending Status Conference (filed 6/19/09)
- Motion Granted (entered 6/22/09)
Proposed Discovery and Briefing Schedule and Status Report (filed 8/4/09)
- Proposed Scheduling Order
Scheduling Order (8/21/09)
Motion to Dismiss OR in the Alternative Motion for Summary Judgment filed by Handel (filed 9/4/09)
Motion for Summary Judgment and Permanent Injunctive Relief filed by the NAACP (filed 9/4/09)
Response re: Motion for Summary Judgment (filed 9/18/09)
Response in Opposition to Motion to Dismiss (filed 9/18/09)
Reply Brief re: Motion to Dismiss (filed 9/25/09)
Reply Brief re: Motion for Summary Judgment (filed 9/25/09)
Response re: Motion to Dismiss (filed 9/25/09)
Reply Brief re: Motion to Dismiss (filed 10/30/09)
Scheduling Order (entered 4/30/10)
Plaintiffs' Supplemental Brief in Response to Court's April 30 , 2010 Scheduling Order (filed 5/10/10)
Response of Amicus Curiae United States to the Court's Questions in April 30, 2010 Order (filed 5/10/10)
Defendant's Supplemental Brief and Response to Court's April 30, 2010 Scheduling Order (filed 5/10/10)
Defendant's Supplement to Response to Court's April 30, 2010 Scheduling Order (filed 5/20/10)
- Exhibit A
Order Substituting the New Attorney General for the Former Attorney General as the Defendant of Record (entered 6/1/10)
Order Denying Plaintiffs' and Defendants' Motions to Dismiss and Motions for Summary Judgment and Extending the Preliminary Injunction (entered 6/15/10)
Civil Case Terminated (6/15/10)
Defendant's Certification of Compliance with Court's Order (filed 7/6/10)
- Exhibits A, B, C

Commentary

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

more commentary...

In the News

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...

Major Pending Cases

more litigation...

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