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Election Law @ Moritz Home Page

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

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...