· 10/28/2008
Harkless v. Brunner
Citations
- 545 F.3d 445
- 2008 U.S. App. LEXIS 23267
- 2008 WL 4710989
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the statewide director of a social services agency responsible for implementing the statute even though “local authorities have the independent responsibility to comply with the NVRA” as well
- expressing concern that the state could escape 13 Case: 13-30185 Document: 00512827353 Page: 14 Date Filed: 11/05/2014 No. 13-30185 responsibility for NVRA violations if the chief elections officer lacked enforcement power
- “[T]he entire Act ... speaks in terms of state responsibilities; what is noticeably missing is any mention of county, municipal, or other local authorities.”
- “[T]he entire Act . . . speaks in terms of state responsibilities; what is noticeably missing is any mention of county, municipal, or other local authorities.”
- Director cannot avoid responsibility for implementation of NVRA because certain tasks were delegated to other departments
- The rule “that Congress must be explicit when it encroaches in areas traditionally within a state’s core governmental functions [] does not apply when Congress acts under the Elections Clause, as it did in enacting the NVRA.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Siler, Cole, Cleland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.