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Election Law @ Moritz

Election Law @ Moritz


Litigation

Rhode Island ACLU v. Board of Elections

Case Information

Date Filed: September 11, 2008
State: Rhode Island
Issue: Voter Registration
Courts that Heard this Case: Providence Superior Court (Case )

Issue:

R.I. Gen. Laws § 17-1-3 permits a person who has not registered to vote to appear at his or her city or town hall and cast a vote in a presidential election.  The Rhode Island Board of Elections has adopted a new administrative regulation that allows towns and cities to designate a different location for this same day voter registration procedure if "voting in a city or town hall has become impracticable due to inadequacy of the available facilities or other concerns."  The issue is whether this newly adopted administrative regulation impermissibly conflicts with R.I. Gen. Laws § 17-1-3.

Status:

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Trial Court Documents

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Commentary

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The Electoral Fix We Really Need

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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

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

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