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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Ohio Democratic Party v. Husted

Case Information

Date Filed: May 8, 2015
State: Ohio
Issues: Absentee Ballots, Early Voting, Voter Registration
Courts that Heard this Case: United States District Court Southern District of Ohio (Case 15-cv-01802); Sixth Circuit U.S. Court of Appeals (Case 16-3561); United States Supreme Court (Case 16A-223)

Issue:

Whether Ohio regulations and laws regarding early voting, provisional and absentee ballots, and voter registration violate the First, Fourteenth and Fifteenth Amendments, the Voting Rights Act, and the Civil Rights Act of 1964.

Status:

Complaint filed 5/8/15. Answer filed 6/10/15. Bench trial held November 2015. Findings of Fact and Conclusions of Law filed 5/24/16. Order granting in part and denying in part Defendants' Motion for Stay filed 6/9/16. Appellants' Brief filed 6/24/16. Appellees' Brief filed 7/11/16. 6th Circuit Opinion reversing District Court filed 8/23/16. Motion for Stay filed 8/27/16. 6th Circuit Order Denying Stay filed 8/30/16. Emergency Application to Stay 6th Circuit Judgment filed in U.S. Supreme Court 9/1/16. Response in Opposition to Stay filed 9/8/16. Reply in Support of Stay filed 9/12/16. Order Denying Stay Application filed 9/13/16.

 

District Court Documents

 

Sixth Circuit Court of Appeals Documents

 

U.S. Supreme Court Documents

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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