Brakebill v. Jaeger, No. 18-1725 (8th Cir. 2018)
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The North Dakota Secretary of State filed a motion to stay an order of the district court that enjoined parts of the North Dakota elections statutes. The district court enjoined the Secretary from enforcing a provision that required a voter to present at the polls a valid form of identification that provides the voter's current residential street address.
The Eighth Circuit granted the motion and held that the Secretary demonstrated a likelihood of success on the merits in his challenge to this aspect of the injunction, the State would be irreparably harmed by the injunction during the general election in November, and a stay should be granted after consideration of all relevant factors.
Court Description: Colloton, Author, with Benton and Kelly, Circuit Judges] On a Renewed Motion for Stay Pending Appeal. The North Dakota Secretary of State moves to stay an order of the district court enjoining parts of the North Dakota elections laws. One aspect of the statutes requires a voter to present at the polls a valid form of identification that provides the voter's current residential street address. The district court enjoined enforcement of this provision and directed, instead, that the Secretary must deem a voter qualified if the voter presents identification that includes the voter's current mailing address, such as a post office box. Held, the Secretary had demonstrated a likelihood of success on the merits in his challenge to this aspect of the injunction, that the State would be irreparably harmed by the injunction during the general election in November, 2018, and that a stay should be granted after consideration of the relevant factors. Judge Kelly, dissenting. [ September 21, 2018
The court issued a subsequent related opinion or order on July 31, 2019.
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