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Election Law @ Moritz

Election Law @ Moritz


Litigation

Project Vote v. Blackwell

Case Information

Date Filed / Ended: July 6, 2006 / April 11, 2008
State: Ohio
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:06-cv-01628-KMO)

Issue:

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.

Status:

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.

District Court Documents

Related Links

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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