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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

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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