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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

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

more info & analysis...