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Election Law @ Moritz

Election Law @ Moritz


Litigation

League of Women Voters of Florida v. Browning

Case Information

Date Filed / Ended: April 28, 2008 / October 23, 2008
State: Florida
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Florida (Case 1:08-cv-21243); U.S. Court of Appeals for the 11th Circuit (Case 08-15156)

Issue:

Whether Florida's new voter registration laws, which regulate the handling of voter registration applications by third-party voter registration organizations, are unconstitutional under the U.S. Constitution. 

Status:

Complaint filed 4/28/08. Motion to dismiss for improper venue on filed on 5/8/08 and denied on 5/29/08.  Motion for Preliminary Injunction filed on 5/14/08 and denied on 8/6/08.  Notice of Appeal filed 9/5/08.  Case voluntarily dismissed on 10/23/08.

Court of Appeals Documents

  • Probable Jurisdiction Noted (9/15/08)
  • Appearance Form Submitted. (9/22/08)
  • Transcript Order Form (All Necessary Transcripts on File) (9/22/08)
  • Civil Appeal Statement Form (9/22/08)
  • Appearance Form Submitted (9/26/08)
  • Briefing notice issued (9/26/08)
  • MOT2 (Notice of court action) issued (filed 10/2/08)
  • E-CIP Filed (filed 10/3/08)
  • Certificate of Interested Persons (filed 10/6/08)
  • Motion to Dismiss Appeal Without Prejudice (filed 10/21/08)
  • Motion to Dismiss Appeal Without Prejudice is GRANTED by JT (filed 10/23/08)
  • Case Closed. Dismissed - Voluntarily (filed 10/23/08)
  • Letter to district court enclosing dismissal order issued(filed 10/23/08)
  • Pursuant to the appellant's motion for voluntary dismissal (joint stipulation of the parties), the appeal was duly entered dismissed on this date. (filed 10/23/08)

District Court Documents

Commentary

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.

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

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...