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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.

more commentary...

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.”

more EL@M in the news...

Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...