Practice Areas

Election Law

Election Law

Cooper & Kirk has litigated numerous voting rights cases arising both under the Voting Rights Act and the Constitution. Recent examples include a successful defense of Florida’s felon voting laws and multiple cases defending North Carolina voting laws.

Issue
Senator Scott Election - Florida Election Regulations
Level of Court
US District Court - Northern District of Florida

Overview On behalf of the National Republican Senatorial Committee and Florida Senator Rick Scott, we successfully defended challenges to several Florida election regulations that create standards for election canvassing boards to attempt to determine voter intent when the voter has not properly filled out their ballot. As a result of these victories, Florida’s Elections Canvassing Commission certified Senator Scott as the winner of the state’s 2018 Senate race.

Issue
Alleged Campaign Contribution Regulations Violation
Level of Court
United States Supreme Court

Overview We represented the National Rifle Association Political Victory Fund in an action brought by the FEC alleging violation of campaign contribution regulations. The court of appeals agreed with our position that the composition of the FEC violated the separation of powers. The Supreme Court ultimately dismissed the appeal after argument, agreeing with our argument that the FEC did not have independent litigating authority to challenge the decision of the court of appeals. The case was argued before the Supreme Court by Mr. Cooper.

Issue
NRA's Challenge to the Bipartisan Campaign Reform Act
Level of Court
United States Supreme Court

Overview We represented the National Rifle Association in its challenge to the constitutionality of the Bipartisan Campaign Reform Act. The statute prohibits corporations from airing television and radio advertisements mentioning a federal candidate in the 60 days prior to an election. Our suit sought to invalidate this prohibition on First Amendment grounds. In a 5-4 decision, the Court upheld the statute.

Issue
Governor of Puerto Rico Elect Recount
Level of Court
US Court of Appeals - First Circuit

Overview We successfully represented the Governor-Elect of Puerto Rico in a recount dispute in connection with the 2004 elections. The opposing candidate for governor challenged the validity of several thousand ballots. Although the district court ruled in favor of the opposition candidate, the First Circuit reversed and ruled in favor of our client, who became the Commonwealth’s governor.