Election Law @ Moritz

Major Pending Cases

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This is a list of pending cases that Election Law @ Moritz is currently monitoring involving election law litigation.

Active Cases Sorted by: Case Name | State | Topic | Date Filed
Archived Cases Sorted by: Case Name | State | Topic | Date Filed

Case Name Primary Topic Current Court State Issue Status
AAPD v. Herrara
Date Filed: 7/24/08

EL@M Page Last Updated November 23, 2009 (1:23 PM)
Voter RegistrationU.S. District Court for the District of New MexicoNew Mexico

Whether New Mexico voter registration law, which places certain conditions and requirements on organizations assisting in the registration of voters, violates the National Voter Registration Act and provisons of the New Mexico and U.S. Constitutions.

Complaint filed 7/24/08 in state trial court.  Case removed to federal district court on 7/29/08.  Answer filed 8/7/08.  Order denying Plaintiff's Motion for Preliminary Injunction on 9/17/08. Order granting unopposed motion for extension of time to file Joint Status Report and Provisional Discovery Plan and to Reschedule the Rule 16 Conference entered 12/17/08. Unopposed motion for extension of time for discovery filed 4/15/09.

ACORN v. Murphy
Date Filed: 7/9/09

EL@M Page Last Updated November 23, 2009 (1:20 PM)
Voter RegistrationU.S. District Court for the Southern District of IndianaIndiana

Whether the National Voter Registration Act of 1993, which requires public assistance agencies in Indiana to distribute voter application forms, has been violated.

Complaint filed 7/9.

ACORN v. Scott
Date Filed: 4/23/08

EL@M Page Last Updated November 23, 2009 (1:22 PM)
Voter RegistrationU.S. District for the Western District of MissouriMissouri

Whether the state of Missouri has violated the NVRA by failing to make voter registration forms sufficiently available in state public assistance offices.

Complaint filed 4/23/08.  Preliminary Injunction denied in part and granted in part on 7/15/08.  Trial set for 6/15/09. Settlement Agreement filed 6/25. Order of Dismissal entered 6/25.

Coleman v. Franken
Date Filed: 1/6/09

EL@M Page Last Updated November 23, 2009 (1:42 PM)
MN Senate race 2008Minnesota Supreme CourtMinnesota

Whether there were irrgeularities in the conduct of the election that affected the result.

Decision granted in favor of Franken on 4/13.  Appeal filed with the Minnesota Supreme Court on 4/20.  Briefs have been filed.  Oral arguments held 6/1. Opinion filed 6/30.

Common Cause v. Coffman
Date Filed: 10/25/08

EL@M Page Last Updated November 23, 2009 (1:16 PM)
Voter RegistrationUS District Court for the District of ColoradoColorado

Whether Colorado election officials violated the NVRA by, within 90 days of an election, removing the names of voters from the statewide voter registration database for unauthorized reasons, including the failure of a post-registration address confirmation postcard to reach the new registrant.

Complaint filed 10/25/08.  Motion for PI granted on 10/31/08.  Answer to compliant filed 11/17/08. New Secretary of State for the State of Colorado, Bernie Buescher, replaced Mike Coffman as Defendant on 1/21/09.  Case is currently in discovery.  Deadlines for amended complaint and answer have been extended to 4/13 and 5/4, respectively. Amended complaint filed 4/16. Motion to Dismiss filed by Bernie Buescher 5/22.

Daien v. Ysursa
Date Filed: 1/21/09

EL@M Page Last Updated November 23, 2009 (1:19 PM)
Ballot AccessU.S. District Court for the District of IdahoIdaho

Whether Idaho laws on ballot access are in violation of the 1st and 14th Amendments in their application to independent candidates.

Complaint filed 1/21/09.

DiMaio v. Democratic National Committee
Date Filed: 8/30/07

EL@M Page Last Updated November 23, 2009 (1:40 PM)
Primary Election DatesU.S. Eleventh Circuit Court of AppealsFlorida

Whether the Democratic National Committee violated federal law or national party rules by deciding to take away Florida's votes in the national presidential nominating convention, as a result of the State moving its primary election up to January 29, 2008.

Judgment in favor of the DNC on 5/29/08. Notice of Appeal to the 11th Circuit Court of Appeals filed on 6/4/08.  Case was dismissed for lack of prosecution on 7/11/08, reinstated on 8/14/08. Appellant brief filed on 8/14/08.  Appellee brief filed on 9/19/08. Order Dismissing/Vacating and Remanding entered 1/30. CASE CLOSED - Mandate Issued 3/3.

Farrakhan v. Locke
Date Filed: 10/26/99

EL@M Page Last Updated November 23, 2009 (1:39 PM)
Felon Voting RightsU.S. Court of Appeals for the Ninth CircuitWashington

Whether a felon disenfranchisement statute violates Section 2 of the Voting Rights Act, when the primary source of discrimination complained of is caused by external sources.

Appellant opening brief filed 12/4/06. Appellee brief filed 2/2/07. Appellant reply brief filed 3/16/07. Argued and submitted for decision on 4/8/08.

Florida State Conference of the NAACP v. Browning
Date Filed: 9/17/07

EL@M Page Last Updated November 23, 2009 (1:17 PM)
Voter IDU.S. District Court, Northern District of Florida (Tallahassee)Florida

Whether Florida's requirement that the driver's license or Social Security number on a registration form be verified before a voter can be registered to vote.

Complaint and Motion for Preliminary Injunction filed 9/17/07. Preliminary Injunction, Motion to Dismiss counts 5 and 6 granted 12/18/07. Appeal filed with the 11th Circuit Court of Appeals on 12/19/07. Argued before the 11th Circuit on 1/18/08. Decision reversing grant of preliminary injunction and remanding for futher proceedings issued on 4/3/08.  After these proceedings, Motion for Preliminary Injunction was denied on 6/24/08. Case referred to mediation on 2/12.  Mediation report due 7/13.  Bench Trial set for 9/21.

Gonzalez v. Arizona; Navajo Nation v. Brewer; Purcell v. Gonzalez
Date Filed: 5/9/06

EL@M Page Last Updated November 23, 2009 (1:39 PM)
Voter IDU.S. Court of Appeals for the Ninth CircuitArizona

Whether Arizona's voter identification requirements disparately impact minorities in the state and, as such, are unconstitutional.

Judgment for the Defendants granted by district court on 8/20/08.  Notice of Appeal filed on 9/16/08.  Appellants, Inter Tribal Council of AZ, submitted second opening brief (the first having been stricken due to an error in the document) on 1/7/09. Opening brief submitted by Plaintiff-Appellants, Gonzalez, et.al. 1/21. Amicus Briefs filed 1/28-29. Amicus brief filed 2/10. Appellees file unopposed motion to extend time to file answer brief until 3/23 on 2/17; Motion Granted 3/2.

Janis v. Nelson
Date Filed: 2/18/09

EL@M Page Last Updated November 23, 2009 (1:29 PM)
Felon Voting RightsU.S. District Court for the District of South DakotaSouth Dakota

Whether two felons who were sentenced to probation (rather than imprisonment) were improperly denied the right to vote.

Complaint filed 2/18/09. Answer filed 3/17. Hearing on Motion for Temporary Restraining Order or Preliminary Injunction set for 5/4/09. Motion to Dismiss Filed by Defendant on 6/12.

King Lincoln Bronzeville Neighborhood Association v. Blackwell
Date Filed: 8/31/06

EL@M Page Last Updated November 23, 2009 (1:24 PM)
Improper Election AdministrationU.S. District Court for the Southern District of OhioOhio

Whether the rights, privileges, and immunities guaranteed to Plaintiffs by the Civil Rights Act, and the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution have been violated by the past and ongoing conduct of Secretary of State J. Kenneth Blackwell in connection with past elections in Ohio.

Order issued directing County Board of Elections to preserve all ballots from the 2004 Election. Answer filed 10/25/06. Motion for TRO filed 11/3/06. Opposition to TRO filed 11/6/06. Motion to dismiss as moot pending. Intervenor Plaintiffs, OEJC, called for criminal contempt proceedings against defendants on 7/7/08. Motion to intervene by State of Ohio Granted on 1/21/09.  Answer to amended complaint filed by Intervenor State of Ohio 1/21/09. Order denying motion to intervene, striking motion for criminal contempt and striking motion for expedited conference entered 3/5.

League of Women Voters v. Rokita
Date Filed: 6/20/08

EL@M Page Last Updated November 23, 2009 (1:41 PM)
Voter IDIndiana Court of AppealsIndiana

Whether Indiana's Voter ID law is unconstitutional under provisions of the Indiana State Constitution.

Defendant's Motion to Dismiss granted on 12/17/08.  Notice of Appeal filed on 1/15/09.  Appellants' Brief filed on 3/2/09.  Opinion from Court of Appeals reversing trial court and remanding with instructions, 9/17/09.

LULAC of Texas v. State of Texas
Date Filed: 5/9/08

EL@M Page Last Updated November 23, 2009 (1:37 PM)
Selection of Presidential ElectorsU.S. Court of Appeals for the 5th CircuitTexas

Whether the Texas Democratic Primary process unlawfully undervalues the votes of Latino voters.

Notice of Appeal to the U.S. Court of Appeals (5th Circuit) filed 6/9/08.  Appellant filed brief on 7/30/08.  Appellee filed briefs on 8/26/08 and 9/15/08.  Reply brief filed by Appellant on 9/30/08.  Oral Argument scheduled for 2/2/09 on 12/16/08. Oral Argument heard 2/4/09. Judgment entered and filed 2/17/09.  Mandate issued 3/11/09.

McCain-Palin 2008 v. Cunningham
Date Filed: 11/3/08

EL@M Page Last Updated November 23, 2009 (1:34 PM)
Voting Rights ActU.S. District Court for the Eastern District of VirginiaVirginia

Whether the Uniform and Overseas Citizens Absentee Voting Rights Act requires the Viriginia Board of Elections to count late-arriving overseas military ballots.

Complaint and Motion for Temporary Restraining Order filed 11/3/08.  Motion Denied 11/17/08.  Answer and Motion to Dismiss filed on 11/6/08.  Motion Denied 12/09/08. United States enters as party plaintiff 11/17/08. Order granting motion to dismiss plaintiff McCain-Palin and denying McCain-Palin's request to remain in suit as permissive intervenor entered 11/17/08. Order denying defendant's motion to dismiss entered 12/9/08.

Minnesota Majority v. Ritchie
Date Filed: 5/28/09

EL@M Page Last Updated November 23, 2009 (1:42 PM)
Voter RegistrationMinnesota Supreme Court Minnesota

Petitioners allege that the state's voter registration system has not been adequately updated and that vote totals from canvassing boards exceed the stated number of registered voters.

Petition filed 5/28.

Morales v. Handel
Date Filed: 10/9/08

EL@M Page Last Updated November 23, 2009 (1:18 PM)
Voter RegistrationU.S. District Court for the Northern District of GeorgiaGeorgia

Whether the state's new voter registration list maintenance procedures, which include a citizenship check, violate the Voting Rights Act and the National Voter Registration Act.

Complaint and Motion for Preliminary Injunction filed on 10/9/08.  Plaintiff's Motion for a TRO was denied on 10/16/08.  A hearing on the motion for a preliminary injunction is set for 10/22/08.  Motion for Preliminary Injunction was granted on 10/27/08.  Answer filed 10/29/08.  Order granting motion for extension of time entered 12/24/08. Motion to amend complaint with brief in support filed by Morales 2/5.  Second Motion for extension of time to file motion for class certification filed by Morales 2/5. Motion for Extension of Time to complete discovery filed 3/10.

NAACP v. Billups
Date Filed: 9/19/05

EL@M Page Last Updated November 23, 2009 (1:41 PM)
Voter IDU.S. Supreme CourtGeorgia

Whether Georgia's Voter ID Statue, which requires a state-issued photo ID, is unconstitutional or violative of the federal Voting Rights Act.

11th Circuit opinion vacating, rendering and affirming entered 1/14. Motion to Stay Mandate filed 2/10.  Petition for Writ of Cert filed with the U.S. Supreme Court on 4/1.  Brief in Opposition filed 5/6. Reply Brief filed 5/19.  Petition denied on 6/8.

NAACP-SCP v. Cortes
Date Filed: 10/23/08

EL@M Page Last Updated November 23, 2009 (1:25 PM)
Voting TechnologyU.S. District Court for the Eastern District of PennsylvaniaPennsylvania

Whether polling locations can be required to distribute emergency paper ballots to voters when 50% or more voting machines become inoperable at a specific location.  Pennsylvania Secretary of the Commonwealth Pedro Cortes has issued a directive requiring that paper ballots be distributed when 100% of the voting machines at a polling location have failed.  The plaintiffs, concerned about long lines due to malfunctioning voting machines, allege that not providing emergency paper ballots in cases where there is less than 100% voting machine failure would violate the constitutional rights of voters. 

Complaint and Motion for Preliminary Injunction filed on 10/23/08.  Motion for Preliminary Injunction granted on 10/29/08.  Order granting all defendants an extension of time to move, answer or otherwise respond to the complaint until 1/9/09 entered 12/15/08. Motion for Permanent Injunction filed by NAACP on 1/26/09.  Motion for Permanent Injunction Granted 1/28/09.

Northwest Austin Municipal Utility District Number One v. Gonzales
Date Filed: 8/4/06

EL@M Page Last Updated November 23, 2009 (1:44 PM)
Voting Rights ActUnited States Supreme CourtTexas

Whether the imposition of §5 of the Voting Rights Act requirements, 42 U.S.C. §1973c, upon Northwest Austin Municipal Utility District Number One is improper and/or unconstitutional as the district has allegedly remedied the problems giving rise to the initial imposition of these requirements.

A juridictional statement was filed on 9/4/08.  An amicus brief was filed by the Mountain States Legal Foundation on 10/10/08.  Motion to affirm filed by Appellee 11/26/08. Oral Arguments set for 4/29/09. Appellant's Reply filed 4/15. Judgement Reversed and Case Remanded on 6/22/09.

Sarasota Alliance for Fair Elections v. Browning
Date Filed: 9/25/06

EL@M Page Last Updated November 23, 2009 (1:41 PM)
Voting TechnologyFlorida Supreme CourtFlorida

Whether a Sarasota County Charter amendment, which requires a more aggressive election auditing procedure than the rest of the state, is preempted by the Florida Election Code.

District Court of Appeals issued decision on 10/31/07 reversing lower court and finding that the County Charter is preempted by Florida state election law. An appeal has been filed with the Florida Supreme Court.  Oral argument was held on 3/10/09.

Texas Democratic Party v. Bettencourt
Date Filed: 11/10/08

EL@M Page Last Updated November 23, 2009 (1:30 PM)
Provisional BallotsU.S. District Court for the Southern District of TexasTexas

Whether the unlawful actions of the defendant resulted in provisional and mail-in ballots not being counted before the state statutory deadline.

Complaint and Application for TRO, Preliminary, and Permanent Injunction filed on 11/10/08.  Motion for TRO denied as moot on 11/12/08.  Amended complaint filed 12/1/08.  Answer filed 12/9/08. Order granting Plaintiff's motion for a District Court of Three Judges entered 12/22/08. Discovery Hearing set for 5/28.

Texas Democratic Party v. Dallas County
Date Filed: 12/1/08

EL@M Page Last Updated November 23, 2009 (1:32 PM)
Voting Rights ActU.S. District Court for the Northern District of TexasTexas

Whether problems with voting machine technology will trigger a manual recount under Texas election law.

Complaint filed 12/1/08. Amicus brief filed by the Secretary of State of Texas 12/9/08. Motion to dismiss filed by Defendant 1/21/09. Motion for Summary Judgment on Section 5 Claims filed 2/9.  Brief/Memorandum in Support of Motion for Summary Judgment filed 2/9. Motion for Permanent Injunction filed 2/10. Unopposed Motion for Extension of Time to file Response filed 2/27. Response to Motion for Permanent Injunction filed 3/2. Motion for Extension of Time Granted 3/3.

United States of America v. Brown
Date Filed: 2/17/05

EL@M Page Last Updated November 23, 2009 (1:35 PM)
Improper Election AdministrationU.S. Court of Appeals, 5th CircuitMississippi

Whether Defendants have violated §2 and §11(b) of the Voting Rights Act and the 15th amendment to the US Constitution by taking actions with the intent to deny white voters and white candidates access to the political process.

Bench Trial from 1/16/07 until 1/31/07. On 6/29/07, Court ruled that Defendants violated Voting Rights Act. Notice of Appeal filed 7/24/07. Preliminary Injunction granted 7/31/07. Order granting remedial relief entered 8/27/07. Briefing in 5th Circuit completed on 6/9/08.  Opinion published and Judgment entered and filed 2/27.  Mandate Issued 4/20.

United States v. New Black Panther Party for Self-Defense
Date Filed: 1/7/09

EL@M Page Last Updated November 23, 2009 (1:28 PM)
Voting Rights ActU.S. District Court for the Eastern District of PennsylvaniaPennsylvania

Whether the actions of the defendants were intimidating and in violation of the Voting Rights Act of 1965.

Complaint filed 1/7/09. Motion for Default Judgment filed 5/15/09. Default Judgment entered against Samir Shabazz (5/18/09).

USSAF v. Land
Date Filed: 9/17/08

EL@M Page Last Updated November 23, 2009 (1:38 PM)
Voter RegistrationU.S. 6th Circuit Court of AppealsMichigan

Whether certain alleged state voter purgation procedures violate Michigan state law, the National Voter Registration Act, the Civil Rights Act, and the First and Fourteenth Amendments of the U.S. Constitution. 

Appeal pending with the 6th Circuit Court of Appeals.  Decision issued on 10/30/08 denying the requested stay of the Preliminary Injunction issued by the District Court. Appellant brief filed 11/21/08.  Appellee brief filed 12/19/08. Reply brief filed by appellants 1/9/09.

Valdez v. Herrera
Date Filed: 7/9/09

EL@M Page Last Updated November 23, 2009 (1:24 PM)
Voter RegistrationU.S. District Court for the District of New MexicoNew Mexico

Whether a New Mexico statute, requiring voter registration to be offered when an individual renews a drivers license or state-issued identification card, has been violated.

Complaint filed 7/9.

White v. Reed
Date Filed: 7/14/09

EL@M Page Last Updated November 23, 2009 (1:45 PM)
Ballot DesignWashington Supreme CourtWashington

Whether requirings voters to vote on ballots containing unique bar code identifiers that can be used to identify the voters violates the State Constitution’s guarantee of "absolute secrecy" of the ballot and other state laws.

Petition for mandamus filed on 7/14/09.

Young v. Hosemann
Date Filed: 9/12/08

EL@M Page Last Updated November 23, 2009 (1:21 PM)
Felon Voting RightsU.S. District Court for the Southern District of MississippiMississippi

Whether the State's refusal to permit convicted felons to vote in presidential elections violates the Mississippi and U.S. Constitutions and the National Voter Registration Act.

Complaint and Motion for Preliminary Injunction filed on 9/12/08. Order denying motion for preliminary injunction entered 9/25/08. Motion to dismiss filed 11/7/08. Order Granting Motion to Dismiss entered 3/9/09.