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Nullifying Registrations

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Format: 2020
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Ohio Democratic Party v. LaRose (James L. Graham, S.D. Ohio 2:19-cv-3774)
A district judge denied relief from imminent purging of voter registration records, because the plaintiff political party had not presented sufficient evidence of widespread errors in the purging process that would not be corrected.
Subject: Nullifying registrations. Topics: Registration procedures; Help America Vote Act (HAVA).

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Hunter v. Hamilton County Board of Elections (1:16-cv-962) and Hunter v. Hamilton County Board of Elections (1:16-cv-996) (Michael R. Barrett, S.D. Ohio)
A plaintiff convicted in state court of a felony filed a federal complaint on September 27, 2016, seeking an order requiring the county board of elections to accept her voter registration because her sentence had been stayed by the district court in a habeas corpus action, so she was not incarcerated. A district judge granted the plaintiff relief on October 6. A second federal complaint filed pro se on October 11 seeking the plaintiff’s certification as a candidate for juvenile court was not successful, because the plaintiff had been disbarred as a result of her conviction.
Subject: Nullifying registrations. Topics: Registration challenges; getting on the ballot; case assignment; pro se party; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

North Carolina State Conference of the NAACP v. North Carolina State Board of Elections (Loretta C. Biggs, M.D.N.C. 1:16-cv-1274)
Eight days before a presidential election, a federal complaint challenged widespread cancelation of voter registrations based on single instances of undeliverable mail. Finding that the National Voter Registration Act proscribed systematic voter registration cancelations less than 90 days before a federal election and proscribed cancelations based on evidence of residence changes before two federal elections had occurred, a district judge enjoined the voter registration cancelation program at issue in an opinion issued four days before the election. The judge issued a permanent injunction about two years later.
Subject: Nullifying registrations. Topics: Registration challenges; National Voter Registration Act.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Copeland v. Priest (George Howard, Jr., E.D. Ark. 4:02-cv-675)
An October 25, 2002, federal complaint sought the restoration of voter registrations for students and other persons living in university housing. The first judge assigned recused himself because he was out of town, and the second judge recused himself because one plaintiff’s father was the governor, whose opponent the judge’s wife supported. A third judge granted the plaintiffs relief, finding that the state judge’s order nullifying registrations improperly created “an irrebuttable presumption that would-be voters who live at a university address and are not members of the staff at a university are not residents.” The court awarded the plaintiffs #28,221.92 in attorney fees and costs.
Topics: Student registration; registration challenges; intervention; matters for state courts; case assignment; attorney fees.

One of many Case Studies in Emergency Election Litigation.

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