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Help America Vote Act (HAVA)

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Contains
Format: 2019
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August 21, 2019
Robert Timothy Reagan

Common Cause of Georgia v. Kemp (Amy Totenberg, 1:18-cv-5102) and Brown v. Kemp (William M. Ray II, 1:18-cv-5121) (N.D. Ga.)

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PDF icon Case Study 7 pages
September 9, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Hawkins v. Blunt (Scott O. Wright and Richard E. Dorr, W.D. Mo. 2:04-cv-4177)
The case concerndc whether voters could cast provisional ballots at polling places to which they were not assigned. Claims were mooted by the state’s agreeing to alter its procedures for counting provisional ballots.
Subject: Provisional ballots. Topics: Help America Vote Act (HAVA); provisional ballots; intervention; case assignment; primary election.

One of many Case Studies in Emergency Election Litigation.

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PDF icon Case Study 3 pages
August 8, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Loeber v. Spargo (Lawrence E. Kahn, N.D.N.Y. 1:04-cv-1193)
A pro se complaint filed a few weeks before the 2004 general election challenged New York districting, among other things. After a hearing on concerns that a United Nations body would oversee New York elections, the district judge dismissed the complaint as speculative and for not naming as defendants parties against whom an injunction would provide the plaintiffs with their desired relief. In 2010, the court of appeals affirmed dismissal of an amended complaint for failure to state a federal cause of action.

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PDF icon Case Study 2 pages
May 15, 2017
Robert Timothy Reagan

Idaho State Democratic Party v. Rich (B. Lynn Winmill, D. Idaho 1:16-cv-491)

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PDF icon Case Study 2 pages
March 28, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Colón Marrero v. Pérez (Carmen Consuelo Cerezo, D.P.R. 3:12-cv-1749)

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PDF icon Case Study 2 pages
October 11, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Atsaves v. Helander (Virginia M. Kendall, N.D. Ill. 1:08-cv-6199)
A voter registration team removed an action from state court seeking to segregate votes by voters registered by the team for investigation of improper registration. The district judge determined that the case did not present a federal question because the Help America Vote Act did not afford private rights of action, and relief from section 1983 requires willful and wanton conduct, which the plaintiffs had not alleged.

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PDF icon Case Study 1 page
February 2, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

United States v. Alabama (W. Keith Watkins, M.D. Ala. 2:06-cv-392)
The Attorney General sued to enforce Alabama’s compliance with the Help America Vote Act’s requirements for voter registration databases. The judge appointed the governor as a special master to order compliance.
Topics: Help America Vote Act (HAVA); special master.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 3 pages
February 2, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Bryan v. Abramson (Harvey Bartle, D.V.I. 1:10-cv-79)
A pro se complaint sought a right to cast a paper ballot instead of voting electronically or casting a provisional ballot. The court determined that the complaint did not present a federal question. A local court determined that the claim was without merit.
Topics: Matters for state courts; provisional ballots; voting technology; pro se party; Help America Vote Act (HAVA)

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 1 page
January 7, 2014
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Sandusky County Democratic Party v. Blackwell (3:04-cv-7582) and League of Women Voters of Ohio v. Blackwell (3:04-cv-7622) (James G. Carr, N.D. Ohio)
Five weeks before the 2004 general election, Ohio’s Democratic Party challenged directives by Ohio’s secretary of state on provisional ballots as in violation of the Help America Vote Act (HAVA). The court of appeals agreed with the district court that the state was out of compliance, but the court of appeals agreed with the secretary that provisional ballots should be cast in the correct precincts.

Downloadable file:
PDF icon Case Study 4 pages
August 6, 2013
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Mah v. Board of County Commissioners (J. Thomas Marten, D. Kan. 5:12-cv-4148)

Downloadable file:
PDF icon Case Study 2 pages

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