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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Ray v. State of Texas

Case Information

Date Filed / Ended: September 21, 2006 / November 4, 2006
State: Texas
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Eastern District of Texas (Case 2:06-cv-00385-TJW); U.S. Court of Appeals, 5th Circuit (Case 06-41573); United States Supreme Court (Case 06A466)

Issue:

Whether 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.

Status:

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. Both sides filed for summary judgment on 6/12/08. A settlement was reached and a dismissal order was entered on 6/20/08.  Opinion filed 8/7/08 granting judgment for the defendant.

District Court Documents

Court of Appeals Documents

Supreme Court Documents

Commentary

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

more info & analysis...