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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

 

Lee v. Virginia Board of Elections

Case Information

Date Filed: June 11, 2015
State: Virginia
Issues: Voter ID, Voter Supression, Voting Rights Act
Courts that Heard this Case: US District Court for the Eastern District of Virginia- Richmond Division (Case 3:15-cv-357); U.S. Court of Appeals for the Fourth Circuit (Case 16-01605)

Issue:

1. Whether Virginia's voter ID law and long wait times to vote violate Section 2 of the Voting Rights Act.

2. Whether Virginia's voter ID law imposes an undue burden on the right to vote, and results in disparate treatment amongst voters in violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

3. Whether the General Assembly, in enacting the voter ID law and failing to take action to prevent long wait times to vote from recurring, intended to suppress (i.e., fence out), has suppressed, and will continue to suppress the vote of Democrats.

4. Whether the General Assembly, in enacting the voter ID law and failing to take action to prevent long wait times to vote from recurring, intended, at least in part, to suppress the number of votes cast by African Americans and Latinos in violation of the Fourteenth and Fifteenth Amendments.

5. Whether the General Assembly, in enacting the voter ID law and failing to take action to reduce wait times to vote intended, at least in part, to suppress the number of votes cast by young voters in violation of the Twenty-Sixth Amendment.

Status:

Complaint filed on 6/11/2015. Motion for Stay Of Discovery and Motion To Quash filed 9/25/15. Order to Withdraw Motion To Quash filed 10/16/15. MOTION to Compel Discovery by Lee et al filed 10/19/15. Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss filed 12/18/15. Trial held February 2016. Opinion and Order upholding Virginia voter ID law filed 5/19/16. Notice of Appeal filed 5/25/16. Appellant's opening brief at the Fourth Circuit filed 7/5/16. Appellees' Brief filed 8/5/16. Oral Argument held at 4th Circuit 9/22/16. Opinion upholding voter ID law filed 12/13/16.

District Court Documents

 

Fourth Circuit Court of Appeals Documents

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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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

District Judge Rules in Favor of State in Ohio Voter Registration Case

Ruling on forms used by the state of Ohio to remove inactive voters from the voter rolls, U.S. District Judge George Smith found one minor violation of the National Voter Registration Act, but otherwise ruled that the forms did not violate federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...