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Nashville Student Organizing Committee et al v. Hargett

RESPONSE in Opposition re MOTION to Dismiss First Amended Complaint

61 Cited authorities

  1. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,399 times   14 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  2. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,228 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  3. Arlington Heights v. Metropolitan Housing Corp.

    429 U.S. 252 (1977)   Cited 4,287 times   8 Legal Analyses
    Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."

  4. Obergefell v. Hodges

    576 U.S. 644 (2015)   Cited 849 times   60 Legal Analyses
    Holding that the Fourteenth Amendment protects the right of same-sex couples to marry in light of doctrinal developments, as well as fundamentally changed social understanding

  5. United States v. Windsor

    570 U.S. 744 (2013)   Cited 674 times   92 Legal Analyses
    Holding unconstitutional under the Fifth Amendment a federal law recognizing opposite-sex-sex but not same-sex marriages because its "principal purpose [was] to impose inequality, not for other reasons like governmental efficiency"

  6. Burdick v. Takushi

    504 U.S. 428 (1992)   Cited 1,260 times   2 Legal Analyses
    Holding that Hawaii's prohibition on write-in voting did not violate the challengers' freedoms of expression and association

  7. Anderson v. Celebrezze

    460 U.S. 780 (1983)   Cited 1,511 times   1 Legal Analyses
    Holding that Ohio statute requiring independent candidates to file statements of candidacy by March to appear on November ballot was unconstitutional

  8. Bassett v. National Collegiate Athletic Ass'n

    528 F.3d 426 (6th Cir. 2008)   Cited 2,599 times   4 Legal Analyses
    Holding that, on a motion to dismiss, a court “may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendant's motion to dismiss so long as they are referred to in the Complaint and are central to the claims contained therein”

  9. Directv, Inc. v. Tyreesh

    487 F.3d 471 (6th Cir. 2007)   Cited 2,314 times
    Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause

  10. Crawford v. Marion County Election Board

    553 U.S. 181 (2008)   Cited 460 times   3 Legal Analyses
    Holding that a photo identification requirement imposed "a limited burden"

  11. Section 5.02 - [Effective Until 7/1/2025] Definitions

    Wis. Stat. § 5.02   Cited 28 times

    In chs. 5 to 12, unless the context requires otherwise: (1c) "Automatic tabulating equipment" means apparatus which automatically examines and counts votes recorded on ballots or voting machines and tabulates the results. (1e) "Ballot" means a ballot label, sheet of paper or envelope on which votes are recorded. The term also includes a sheet or card, filmstrip or other device listing or containing information relative to offices, candidates and referenda which is placed, projected or composed on

  12. Section 2-7-112 - [Effective Until 7/1/2024] Procedure for voting

    Tenn. Code § 2-7-112   Cited 24 times

    (a) (1) (A) A voter shall complete and sign an application for ballot, indicate the primary in which the voter desires to vote, if any, and present it to a precinct registrar. In addition, the voter shall present to the precinct registrar one (1) form of identification that bears the name and photograph of the voter. The requirement to present one (1) form of identification that bears the name and photograph of the voter shall apply to persons voting pursuant to § 2-6-109; provided, however, that

  13. Section 17-9-30 - Identification of electors; Alabama photo voter identification card

    Ala. Code § 17-9-30   Cited 15 times
    Exempting from the photo ID requirement voters who are eligible to vote absentee pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, the Voting Accessibility for the Elderly and Handicapped Act, or any other federal law

  14. Section 21-2-417 - Presentation of proper identification to poll workers; swearing of statement when unable to produce; use of provisional ballots; penalty for false swearing

    Ga. Code § 21-2-417   Cited 16 times
    Requiring a voter “present proper identification to a poll worker” when attempting to vote and deeming a valid Georgia driver's license to be such “proper identification”

  15. Section 168.523 - Identification of registered elector; presenting identification for election purposes; execution of application; challenge; affidavit; approval, initial, and notation of application; application as poll list; filing application; notations on cards or lists; record of voting participation

    Mich. Comp. Laws § 168.523   Cited 14 times

    (1) Except as otherwise provided in subsection (2), at each election, before being given a ballot, each registered elector offering to vote must identify himself or herself by presenting identification for election purposes, and by executing an application, on a form prescribed by the secretary of state, in the presence of an election official that includes all of the following: (a) The name of the elector. (b) The elector's address of residence. (c) The elector's date of birth. (d) An affirmative

  16. Section 63.001 - Regular Procedure for Accepting Voter

    Tex. Elec. Code § 63.001   Cited 13 times

    (a) Except as otherwise provided by this code, acceptance of voters shall be conducted as provided by this section and Section 63.0011. (b) Except as provided by Subsection (h), on offering to vote, a voter must present to an election officer at the polling place: (1) one form of photo identification listed in Section 63.0101(a); or (2) one form of identification listed in Section 63.0101(b) accompanied by the declaration described by Subsection (i). (c) On presentation of the documentation required

  17. Section 117.227 - Confirmation of voter's identity

    Ky. Rev. Stat. § 117.227   Cited 5 times

    Except as otherwise provided, election officers shall confirm the identity of each voter by proof of identification as defined in KRS 117.001. The election officer confirming the identity shall sign the precinct voter roster and list the method of proof of identification. KRS 117.227 Effective: June 29, 2021 Amended 2021 Ky. Acts ch. 197, sec. 30, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 89, sec. 16, effective July 15, 2020. -- Amended 2016 Ky. Acts ch. 62, sec. 7, effective July 15

  18. Section 7-114 - Procedure for determining eligibility

    Okla. Stat. tit. 26 § 7-114   Cited 5 times

    A. Each person appearing to vote shall announce that person's name to the judge of the precinct and shall provide proof of identity, whereupon the judge shall determine whether the person's name is in the precinct registry. As used in this section, "proof of identity" shall mean a document that satisfies all of the following: 1. The document shows the name of the person to whom the document was issued, and the name substantially conforms to the name in the precinct registry; 2. The document shows

  19. Section 16.1-05-07 - Poll clerks to check identification and verify eligibility - Poll clerks to request, correct, and update incorrect information contained in the pollbook

    N.D. Cent. Code § 16.1-05-07   Cited 5 times
    Requiring election officials to "direct an individual who is attempting to vote in the incorrect precinct ... to the proper precinct and polling place"

  20. Section 13-13-114 - Voter identification and marking precinct register book before elector votes - provisional voting

    Mont. Code § 13-13-114   Cited 5 times

    (1) (a) Except as provided in subsection (2), before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name: (i) a Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card, United States passport, or Montana concealed carry permit; or (ii) (A) a current utility bill, bank statement, paycheck

  21. Section 31 KAR 4:010 - Voter identification cards

    31 Ky. Admin. Regs. 4:010

    RELATES TO: KRS 117.227 NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015 authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties. KRS 117.227 requires election officers to confirm the identity of each voter and list the method of identification. This administrative regulation establishes a procedure for documenting the confirmation of identity on precinct voter rosters. Section 1. In addition to the forms of identification specifically