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Election Law @ Moritz

Election Law @ Moritz


Litigation

Young v. Hosemann

Case Information

Date Filed / Ended: September 12, 2008 / February 25, 2010
State: Mississippi
Issues: Felon Voting Rights, Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Mississippi (Case 3:08-cv-00567); U.S. Court of Appeals for the 5th Circuit (Case 09-60188)

Issue:

Whether the State's refusal to permit convicted felons to vote in presidential elections violates the Mississippi and U.S. Constitutions and the National Voter Registration Act.

Status:

Order Granting Motion to Dismiss entered 3/9/09. Consolidated to 5th Circuit Court of Appeals 4/20/09.   Order Affirming District Court's Dismissal 2/25/10.

Court of Appeals Documents

District Court Documents

Court of Appeals Documents

  • Motion filed by Appellant Jerry Young, Appellant Christy Colley for injunction pending appeal (filed 10/10/08)
  • Response/opposition requested by the Court to motion for injunction pending appeal (filed 10/10/08)
  • Response/opposition filed by Appellee Delbert Hosemann to motion for injunction pending appeal (filed 10/14/08)
  • COURT Order filed denying appellants' motion for injunction pending appeal (filed 10/15/08)

Commentary

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

SCOTUS Grants Stay in Ohio Early Voting Case

With a 5-4 vote, the U.S. Supreme Court today granted a stay in NAACP v. Husted. The court's action blocks a district court order issued earlier this month and allows Ohio's shortened early voting period to go into effect.

more info & analysis...