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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

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.

New Hampshire Judge Extends Voting Hours by One Hour in City of Dover

Nov. 8 (7:36 PM) - A New Hampshire state court judge granted a request by the New Hampshire Democratic Party to extend voting hours by one hour in the City of Dover. Earlier in the day, the city emailed its residents that voting hours ended at 8pm when in fact they ended at 7pm. The judge ordered the polls open in Dover until 8pm.

Lawsuit Filed in NC to Extend Voting Hours in Durham County

Nov. 8 (6:10 PM) - Democracy North Carolina has filed an action in state court to extend voting hours in Durham County due to problems with the use of electronic pollbooks. See the plaintiff\'s memorandum of law in support of its emergency motion for a preliminary injunction.

UPDATE: North Carolina Board of Elections extends voting time in eight Durham County precincts. Wake County judge declines to intervene.

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

Daniel P. Tokaji

Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

more EL@M in the news...

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.

more litigation...