OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Share

Last Updated: September 10, 2010 at 1:39 PM

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

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

more commentary...

In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...

Major Pending Cases

more litigation...