OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Common Cause v. Rucho

Case Information

Date Filed: August 5, 2016
State: North Carolina
Issue: Redistricting
Current Court: U.S. Supreme Court (Case 18-422 )

Issue:

Whether North Carolina's 2016 Congressional Redistricting Plan violates:

(1) the First Amendment;

(2) the Due Process Clause of the Fourteenth Amendment

(3) the Equal Protection Clause of the Fourteenth Amendment

(4) Article I, Section 2 of the U.S. Constitution because representatives would allegedly not be chosen by "the people of the several states" but in effect by the majority party of the state legislature; and

(5) Article I, Section 4 of the U.S. Constitution regarding state legislatures' authority to prescribe the times, places, and manner of holding elections.

Status:

Complaint filed 8/5/16. Time to file answer extended to 10/31/16. Answer filed 3/3/17. Opinion and Order denying motion to dismiss filed 3/3/17. Parties' Proposed Findings of Fact and Conclusions of Law filed 6/5/17. Defendants' Motion for Stay filed 6/26/17. Responses to Motion for Stay filed 7/17/17. Order Denying Stay filed 8/29/17 with Memorandum Opinion filed 9/8/17. Notice of Bench Trial starting Oct. 16, 2017 filed 9/11/17. Parties' Post-Trial Briefs and Proposed Findings of Fact and Conclusions of Law filed 11/6/17. Opinion finding unconstitutional gerrymander filed 1/9/18. Emergency Motion to Stay Pending Supreme Court Review filed 1/11/18. Order granting stay filed 1/18/18. Motions to affirm by Common Cause and League of Women Voters filed 4/27/18. Reply filed 5/15/18. Order vacating judgment and remanding to District Court in light of Gill v. Whitford filed 6/25/18. Supreme Court Judgement filed 7/30/18. Memorandum Opinion of District Court: under the test set forth in Gill, at least one Plaintiff registered to vote in each of the thirteen districts in the 2016 Plan has standing to assert an Equal Protection challenge to each of those districts; court found unconstitutional gerrymandering in the opinion filed 8/28/18. Notice of Appeal to Supreme Court filed 8/31/18. Emergency Motion to Stay filed 8/31/18. Appeal to Supreme Court case 18-422 filed 10/10/18.

 

District Court Documents

U.S. Supreme Court Documents

 

Commentary

Steven F. Huefner

The Perils of Voting by Mail

Steven F. Huefner

Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

more info & analysis...