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Election Law @ Moritz

Election Law @ Moritz


Latest Information & Analysis   

U.S. Supreme Court Grants Texas' Request for Stay in Redistricting Case

Sep. 13 (2:15 PM) - In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

Jun. 20 (9:28 AM) - On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

U.S. Supreme Court Declines to Hear Ohio Case on Minor Voting Form Errors

Jun. 20 (9:24 AM) - On Monday, the U.S. Supreme Court declined to consider an appeal in an Ohio voting case in which the plaintiffs sought a court order barring state officials from failing to consider voter forms with immaterial errors. The case is NEOCH v. Husted.

U.S. Supreme Court to Hear Ohio Voter Registration Case

May. 31 (10:03 AM) - Yesterday, the U.S. Supreme Court issued an order (see p. 3) granting the state\'s certiorari petition in an Ohio case involving the maintenance of voter registration lists. At issue is whether Ohio\'s use of voter inactivity as a reason to send \"confirmation notices\" is consistent with federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

U.S. Supreme Court Affirms District Court: NC Redistricting Unconstitutional

May. 22 (4:57 PM) - In a 5-3 decision, the U.S. Supreme Court affirmed the decision of the District Court, finding that North Carolina\'s Congressional redistricting plan violated the U.S. Constitution. The Court determined that racial considerations unlawfully predominated the designing of the contested districts. The case is Cooper v. Harris.

Judge Orders Georgia to Re-Open Voter Registration for Georgia Special Congressional Election Runoff

May. 4 (5:43 PM) - A U.S. District Judge today ordered the state of Georgia to re-open voter registration until at least May 21st ahead of the June 20th runoff for the seat in Georgia\'s Sixth Congressional District. According to Judge Timothy Batten, the plaintiffs could likely succeed in showing that Georgia\'s reduction in the time its citizens had to register was pre-empted by federal law. The case is Georgia NAACP v. Georgia.

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

Apr. 21 (1:30 PM) - A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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Recount Resources

Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.

Swing State Focus

Media Hotline: (614) 292-0283

EL@M in the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

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Current Litigation

North Carolina State Conference of the NAACP v. The North Carolina State Board of Elections

State: North Carolina
Issue: Whether the North Carolina and County Boards of Elections cancellation of the voter registrations of thousands of North Carolina voters, based on a single piece of undeliverable mail, in the final weeks and months before Election Day violates that National Voter Registration Act and other federal laws.

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