Latest Information & Analysis
Fifth Circuit Reverses Lower Court in Texas Voter Registration CaseOct. 4 (5:42 PM) -
In an opinion
authored by Judge Edith H. Jones, the Fifth Circuit today reversed the district court's decision
finding in favor of plaintiffs challenging certain Texas election code provisions. In granting a preliminary injunction, the district court determined that provisions regarding volunteer deputy registrars violated the First Amendment and the National Voter Registration Act. According to the Fifth Circuit's opinion, the plaintiffs "failed to establish facial unconstitutionality of the provisions." The Fifth Circuit remanded the case, Voting for America v. Skeen
, to the district court for further proceedings.
Supreme Court: Section 4 of the Voting Rights Act UnconstitutionalJun. 25 (10:39 AM) -
In a 5-4 opinion
, the Supreme Court struck down Section 4 of the Voting Rights Act, the provision setting forth the formula for determining the jurisdictions subject to federal pre-clearance requirements. Chief Justice Roberts authored the opinion, which states that Congress may draft a new formula based on current conditions. Justice Thomas concurred while Justice Ginsberg dissented, joined by Justices Breyer, Sotomayor and Kagan. The case is Shelby County, Alabama v. Holder
Supreme Court: NVRA Pre-empts Arizona's Proof of Citizenship LawJun. 17 (11:55 AM) -
In a 7-2 decision
, the U.S. Supreme Court ruled today that the NVRA preempts an Arizona law requiring documentation of citizenship to accompany voter registration forms. The case is Arizona v. The Inter Tribal Council of Arizona, Inc.
Wisconsin Appeals Court Reverses Lower Court in Voter ID CaseMay. 30 (12:14 PM) -
In an opinion
released today in League of Women Voters of Wisconsin v. Walker
, a three-judge panel of Wisconsin's 4th District Court of Appeals reversed the decision of the lower court, which issued a permanent injunction last year blocking the state's voter ID law from taking effect. Contrary to the lower court's decision, the court of appeals determined that the plaintiffs had not met their burden of proving that the voter ID law violated their rights under the Wisconsin Constitution. Wisconsin's 2nd District Court of Appeals has yet to rule on the same issue in Milwaukee Branch of the NAACP v. Walker
. Two cases involving federal constitutional issues are also pending in U.S. District Courts: Frank v. Walker
and Jones v. Deininger
Ohio Secretary of State Releases Report on Voter FraudMay. 23 (5:24 PM) -
Ohio Secretary of State Jon Husted released a report
today on voter fraud in Ohio during the 2012 general election. In a press release
, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch
, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.
Ohio House Committee Recommends Upholding Landis' Election VictoryMay. 8 (3:52 PM) -
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.
Conference: Under the Influence? Interest Groups, Lobbying, and Campaign FinanceFeb. 27 (3:07 PM) -
The Baldy Center at SUNY Buffalo is sponsoring a conference March 8-9, 2013 on the interaction between lobbying and campaign finance. MIchael Halberstam of SUNY Buffalo Law School and Election Law @ Moritz Senior Fellow Daniel Tokaji are co-organizers. Papers from the conference are to be published in Election Law Journal
. More information on the conference is available here
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