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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Common Cause v. Kemp

Case Information

Date Filed: February 10, 2016
State: Georgia
Issue: Voter Registration
Courts that Heard this Case: District Court (Case 1:16-CV-00452); Eleventh Circuit U.S. Court of Appeals (Case 17-11315); United States District Court (Case 1:16-cv-00452-TCB)

Issue:

Whether a Georgia statute authorizing the removal of voters from registration lists after a period of inactivity violates the First Amendment and the National Voter Registration Act.

Status:

Complaint filed 2/10/16. Motion to Dismiss filed 3/4/16. DOJ Statement of Interest filed 5/4/16. Order granting motion to dismiss filed 3/17/17. Notice of Appeal filed 3/23/17. Appellants' Brief filed 6/5/17. Appellee's Brief filed 7/19/17. Oral Argument held 3/9/18. Opinion Vacating Dismissal Order and Remanding for Consideration of Pending U.S. Supreme Court Case of A. Philip Randolph Institute v. Husted filed 3/12/18. Civil Case Terminated (6/12/18)

 

District Court Documents

Eleventh Circuit Court of Appeals 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...