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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Valdez v. Herrera

Case Information

Date Filed: July 9, 2009
State: New Mexico
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the District of New Mexico (Case 1:09-cv-00668-LAM-DJS); U.S. Court of Appeals for the 10th Circuit (Case 11-2063)

Issue:

Whether a New Mexico statute, requiring voter registration to be offered when an individual renews a drivers license or state-issued identification card, has been violated.

Status:

Order Denying Emergency Motion for Certificate of Appealability entered 1/25/11.  Order to Show Cause entered 2/3/11.  Order Granting Joint Motion to Continue Trial entered 2/8/11.  Joint Motion for Entry of Consent Order filed 2/17/. Notice of Appeal filed 3/25/11.  USCA Case Number 11-2063 in 10th Circuit entered 3/30/11.  Notice or Record Now Complete/ Appellant Brief 5/23 entered 4/12/11. Notice of Referral to Mediation Conferencing entered 4/19/11.

Federal Appellate Court Documents

Federal District Court Documents

 

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

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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