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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

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

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.

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