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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

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.

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