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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

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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