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Election Law @ Moritz

Election Law @ Moritz


Litigation

Alaska Democratic Party v. Fenumiai, et al.

Case Information

Date Filed: October 25, 2010
State: Alaska
Issues: Election 2010, Polling Place Challenges
Courts that Heard this Case: Superior Court for the State of Alaska, Third Judicial District (Case 3AN-10-11621CI); Supreme Court of the State of Alaska (Case S-14054)

Issue:

Whether Alaska's Division of Elections can display, distribute or communicate write-in candidate lists at polling locations.

Status:

Stay of Trial Court Order entered 10/27/10.

Trial Court Documents

  • Complaint for Injunctive Relief (filed 10/25/10)
  • Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support (filed 10/25/10)
  • Defendant's Opposition to Motion for a Temporary Restraining Order and Preliminary Injunction (filed 10/26/10)
  • Defendant's Citation of Supplemental Authority (filed 10/26/10)
  • Alaska Republican Party's Reply to State/Murkowski Briefing (filed 10/26/10)
  • Decision and Order PDF (entered 10/27/10)

Appellate Court Documents

  • Notice of Appeal (filed 10/27/10)
  • Order granting stay of Trial Court order PDF (entered 10/27/10)

Commentary

Edward B. Foley

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...