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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

North Carolina v. North Carolina NAACP

Case Information

Date Filed: August 12, 2013
State: North Carolina
Issues: Voter ID, Voting Rights Act
Courts that Heard this Case: Middle District of North Carolina (Case 1:13-cv-658); United States Court of Appeals for the Fourth Circuit (Case 14-1856); United States Court of Appeals for the Fourth Circuit (Case 16-2193); U.S. Supreme Court (Case 16-833)

Issue:

Do the provisions of HB 589 (Voter ID requirements) violate Section 2 of the Voting Rights Act (42 U.S.C. 1973) and the Fourteenth and Fifteenth Amendments of the Constitution?

Status:

Fourth Circuit U.S. Court of Appeals opinion reversing District Court filed 7/29/16. Motion for Stay filed 8/3/16. Order Denying Stay filed 8/4/16. Emergency Stay Application filed with U.S. Supreme Court 8/15/16. Responses filed 8/25/16. Order Denying Stay filed 8/31/16. Emergency Motion to Enforce Injunction filed in District Court 10/1/16. Order denying Motion to Enforce Injunction filed 10/13/16. Order Denying Motion for Injunction Pending Appeal filed 10/19/16. Motion to Voluntarily Dismiss Appeal 11/1/16. Petition for Writ of Certiorari filed in U.S. Supreme Court 12/27/16. Response to Petition filed 1/19/17. Reply of North Carolina filed 2/13/17. Reply of North Carolina AG filed 3/9/17. Private Respondents' Motion to Add NC General Assembly as Petitioner filed 3/9/17. Petition for Writ of Certiorari denied 5/15/17.

Related cases: League of Women Voters of North Carolina v. Howard and United States v. North Carolina.

District Court Documents

Fourth Circuit Court of Appeals Documents (first appeal)

 

Fourth Circuit Court of Appeals Documents (second appeal)

Fourth Circuit Court of Appeals Documents (third appeal)

U.S. Supreme 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

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...