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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

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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