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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

Fourth Circuit Upholds Virginia Voter ID Law

Dec. 13 (2:55 PM) - Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

U.S. District Judge Denies Relief to Stein in PA Recount Case

Dec. 12 (1:56 PM) - In an opinion released today, U.S. District Judge Paul Diamond denied a motion by Jill Stein that sought to force a recount of Presidential votes in Pennsylvania. The case is Stein v. Cortes.

U.S. District Judge Dissolves TRO, Halting Michigan Recount

Dec. 8 (11:48 AM) - A U.S. District Judge granted the request of the Michigan Republican Party and the Michigan Attorney General to dissolve a temporary restraining order that had allowed the Jill Stein-initiated recount to commence. Judge Mark Goldsmith determined that Stein failed to show entitlement to a recount under Michigan or federal law. The case is Stein v. Thomas.

In Michigan Recount, Conflicting Rulings from Sixth Circuit and Michigan Court of Appeals

Dec. 7 (10:38 AM) - Yesterday, the Sixth Circuit U.S. Court of Appeals and the Michigan Court of Appeals issued differing opinions regarding whether the Jill Stein-initiated recount should proceed. The Sixth Circuit affirmed the District Court\'s order requiring the recount to commence, while the Michigan Court of Appeals ruled that the Board of State Canvassers should not have granted Stein\'s recount petition as a matter of state law. Another hearing is scheduled in federal court today. The cases are Stein v. Thomas (federal court) and Schuette v. Board of State Canvassers (state court).

Divided District Court Panel Finds Wisconsin Assembly Districts Unconstitutionally Drawn

Nov. 21 (4:54 PM) - In a 2-1 opinion, a District Court panel determined that the redistricting plan enacted by the Wisconsin legislature in 2011 was an unconstitutional partisan gerrymander. The court deferred its ruling as to a remedy, ordering further briefing by the parties. The case is Whitford v. Nichol.

PA automatic recount law

Nov. 9 (12:56 AM) - Pennsylvania\'s presidential vote may fall within the number that would trigger an automatic recount. According to 25 PS 3154, a recount is automatic if the votes are within one-half percent or less of the total votes cast.  [Read More]

Colorado Democratic Party Goes to Court to Extend Voting Hours

Nov. 8 (7:48 PM) - The Colorado Democratic Party filed an emergency motion in Denver District Court to extend voting hours by two hours because of a statewide computer system delay. The Denver Post has details.

UPDATE: Court denies extention. Polls close at 7pm as planned.

more info & analysis...

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

Anti-Trumpers’ Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”

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Current Litigation

Whitford v. Nichol

State: Wisconsin
Issue: Whether Wisconsin's redistricting plan violates the Equal Protection Clause of the 14th Amendment, the First Amendment right to freedom of association, and plaintiffs' civil rights under 42 U.S.C. 1982 and 1988.

more litigation...