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Election Law @ Moritz

Election Law @ Moritz



Fish v. Kobach

Case Information

Date Filed: February 18, 2016
State: Kansas
Issues: Voter Supression, Voter ID
Courts that Heard this Case: U.S. District Court for the District of Kansas (Case 2:16-cv-02105); U.S. Court of Appeals for the 10th Circuit (Case 16-03147, 16-3161)


 Whether Kansas has violated the NVRA’s accessible registration system by requiring that Kansans who attempt to register to vote while applying for or renewing a driver’s license produce documents like a birth certificate or U.S. passport in order to become registered. Case was dismissed from the 10th circuit with prejudice on 3/5/19


Complaint filed 2/18/16. Motion for preliminary injunction filed 2/26/16. Memorandum and Order regarding preliminary injunction filed 5/17/16. Notice of Appeal filed 6/15/16. Memorandum and Order Denying Motion to Certify Class filed 7/29/16. Appellants' brief in 10th Circuit filed 7/1/16. Appellees' brief filed 7/21/16. Oral Argument held at 10th Circuit 8/23/16. Order and Judgment Affirming District Court filed 9/30/16 (full opinion forthcoming). Opinion Affirming District Court filed 10/19/16. Plaintiffs' Motion for Partial Summary Judgment on remand filed 12/22/16. Memorandum and Order Denying Plaintiffs' Motion for Partial Summary Judgment filed 5/4/17. Motion for Sanctions filed 5/22/17. Order Granting in Part and Denying in Part Motion for Sanctions filed 6/23/17. Motion for Reconsideration filed 6/29/17. Order Denying Motion for Reconsideration filed 7/5/17. Objections to Magistrate's Decision filed 7/5/17. Plaintiffs' Motion for Summary Judgment filed 7/14/17. Order Denying Objections to Magistrate's Decision filed 7/25/17. Emergency Motion for Stay filed in 10th Circuit 8/2/17. 10th Circuit Order Denying Emergency Motion filed 8/2/17. Appeal Docket in 10CCA on 5/3/18 and assigned Appeal No. 18-3094 re 526 Notice of Appeal filed  05/03/18. Findings of Fact and Conclusions of Law signed by Chief Distric Judge Julie A Robinsion filed 6/18/18. The Court awards Plaintiffs 26,214.79 in reasonable attorneys fees and expense as a sanction for the contempt found by the Court in its April Order filed 8/01/18. Notice of Appeal filed 8/31/18. APPEAL DOCKETED in 10CCA on 09/04/2018 and assigned Appeal No. 18-3186 r- Final Judgment filed by Kris W. Kobach filed 9/4/18. Defendant's Motion to Enforce Protective Order and Memorandum filed 9/14/18. Case status changed to closed on 9/14/18. District Court Closed. Tenth Circuit Court of Appeals dismissed filed 3/6/19.

District Court Documents

10th Circuit Court of Appeals Documents


Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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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. 

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Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...