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Election Law @ Moritz

Election Law @ Moritz


Litigation

Van Hollen v. Government Accountability Board

Case Information

Date Filed / Ended: September 10, 2008 / January 23, 2009
State: Wisconsin
Issues: Voter Registration, State Voter Registration Databases
Courts that Heard this Case: Dane County Circuit Court (Case 2008CV004085); Wisconsin Court of Appeals (Case 2008AP002804)

Issue:

Whether the Wisconsin Government Accountability Board (GAB) has met its obligations to bring Wisconsin into compliance with state and federal election laws, including the Help America Vote Act (HAVA).  Specifically, the Attorney General is seeking to require that the GAB run HAVA checks on voter registrations received prior to August 6, 2008.

DISCLOSURE

Status:

Case dismissed by trial court on 10/23/08.  Appeal filed with the Wisconsin Court of Appeals on 11/12/08 (noticed filed in circuit court on 11/7/08). Opinion/Decision that Appeal is Dismissed Pursuan to Rule 809.18 entered on 1/23/09.

Court of Appeals Documents

  • Notice of Appeal & Court Record (filed 11/12/08)
  • ORD that the time for the clerk to transmit the record on appeal is extended to December 29, 2008 (entered 12/10/08)
  • Notice of Voluntary Dismissal Filed (filed 1/21/09)
  • Opinion/Decision that the appeal is dismissed pursuant to Rule 809.18 (entered 1/23/09)
  • Remittitur (entered 1/23/09)

Circuit Court Documents

Related Information

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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