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Election Law @ Moritz

Election Law @ Moritz


Litigation

Powell v. Alabama

Case Information

Date Filed / Ended: July 29, 2008 / September 5, 2008
State: Alabama
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District for the Northern District of Alabama (Case 2:08-cv-01345)

Issue:

Whether a 2007 change in Alabama election law (changing the rules of succession for the Jefferson County Commission)  violates the preclearance provision Voting Rights Act of 1965.

Status:

Complaint filed 7/29/08.  Motion for Rule 16 Hearing filed 7/31/08.  Answer, Motion to Dismiss for lack of Jurisdiction, and Motion for Judgment on the Pleadings filed on 8/18/08.  Voluntary Motion to Dismiss filed on 9/5/08 and granted on 9/5/08.  Case dismissed without prejudice on 9/5/08.

District Court Documents

Commentary

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

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In the News

Daniel P. Tokaji

Scott Walker case shows growing closeness between politicians and wealthy allies

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

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Info & Analysis

Seventh Circuit Issues Opinions Regarding Stay in Wisconsin Voter ID Case

A divided Seventh Circuit U.S. Court of Appeals issued opinions today on its denial of a motion for reconsideration. A 3-judge panel of the court granted a stay last week allowing Wisconsin's voter ID law to take effect. The cases are Frank v. Walker and LULAC v. Deininger.

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