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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Feldman v. Arizona

Case Information

Date Filed: April 15, 2016
State: Arizona
Issues: Voter Supression, Absentee Ballots, Provisional Ballots
Courts that Heard this Case: U.S. District Court for the District of Arizona (Case 2:16-cv-01065); Ninth Circuit U.S. Court of Appeals (Case 16-16698, 16-16865); U.S. Supreme Court (Case 16A460)

Issue:

Whether Arizona's allegedly insufficient number of polling places disenfranchised voters in violation of the Equal Protection Clause, the First Amendment, and section 2 of the Voting Rights Act.

Whether an Arizona law prohibiting individuals from collecting the early ballots of others (aka "ballot harvesting") violates the Voting Rights Act. the Fourteenth Amendment, and the First Amendment because it disproportionately and adversely impacts minorities, unjustifiably burdens the right to vote, and interferes with freedom of association.

Status:

Complaint filed 4/15/16. Amended complaint filed 4/19/16. Motion for Preliminary Injunction filed 6/10/16. Motion to Dismiss filed 6/17/16. Joint Notice of Settlement Agreement as to polling place allocation issue filed 9/9/16. Order Denying Motion for Preliminary Injunction as to HB 2023 (limiting "ballot harvesting") filed 9/23/16. Notice of Interlocutory Appeal filed 9/23/16. Emergency Stay Motion filed in District Court 9/28/16. Order Denying Stay filed 10/4/16. Emergency Motion for Injunction filed in Ninth Circuit 10/4/16. Order Denying Emergency Motion for Injunction filed 10/11/16. Parties' opening briefs at Ninth Circuit filed 10/17/16. Opinion and Order Affirming District Court on "ballot harvesting" issue filed 10/28/16. Opinion and Order Affirming District Court on wrong precinct voting issue filed 11/2/16. Order Denying Injunction pending appeal on wrong precinct voting issue filed 11/4/16. En Banc Opinion and Order granting injunction against Arizona "ballot harvesting" law pending appeal filed 11/4/16. Emergency Application for Stay of Ninth Circuit Injunction filed 11/4/16. U.S. Supreme Court Order granting stay of Ninth Circuit injunction filed 11/5/16. Ninth Circuit En Banc Oral Argument scheduled for 1/17/17. Parties' supplemental briefs on mootness issue filed 12/5/16. Order rescheduling oral argument for June 2017 filed 12/13/16. Second Amended Complaint filed 12/28/16. Defendant and Intervenors motions to dismiss complaint filed 1/17/17. Order granting in part and denying in part plaintiffs' motion to dismiss complaint filed 3/3/17. State defendants' answer filed 3/17/17. Order denying intervenor defendants' motion to dismiss filed 4/13/17. Answer of Arizona Republican Party filed 4/27/17. Order denying motion to review magistrate's order compelling disclosure filed 5/10/17. Order rescheduling oral argument to week of Dec. 11, 2017 filed 5/24/17. Bill of Cost by both Arizona Republican Party and Mark Benovich Issued filed 6/1/18.

District Court Documents

 

Ninth Circuit Court of Appeals Documents ("ballot harvesting" appeal)

Ninth Circuit Court of Appeals Documents (wrong precinct voting appeal)

U.S. Supreme Court Documents ("ballot harvesting" appeal)

 

 

 

 

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.

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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. 


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...