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Segregating Ballots Because of Questionable Registrations

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
June 21, 2023

Atsaves v. Helander (Virginia M. Kendall, N.D. Ill. 1:08-cv-6199)
A voter-registration team removed from state court an action 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.
Subject: Registration procedures. Topics: Help America Vote Act (HAVA); 42 U.S.C. § 1983; registration procedures; intervention; removal; matters for state courts.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 2 pages

Tags:
Election Litigation | Ballot Segregation | Help America Vote Act (HAVA) | Intervention | Matters for State Courts | Registration Procedures | Emergency Proceedings | Removal | Section 1983 Litigation | U.S. District Courts | N.D. Ill.