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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Citizen Center v. Gessler

Case Information

Date Filed: February 13, 2012
State: Colorado
Issues: Improper Election Administration, Voting Technology
Courts that Heard this Case: U.S. District Court for the District of Colorado (Case 1:12-cv-00370); United States 10th Circuit Court of Appeals (Case 12-1414)

Issue:

Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.

Status:

complaint filed 2/13/12. Motions to Dismiss filed 6/4/12. Motion for Temporary Restraining Order and Preliminary Injunction filed 8/17/12. Case dismissed by minute order 9/24/12. Judgment issued 9/25/12. Appeal docketed with 10th Circuit on 10/30/12. Oral Arguments held 3/17/14. Opinion reversing in part, affirming in part filed 10/21/14. Petition for Rehearing En Banc filed 11/4/14. Order denying Petition for Rehearing En Banc filed 11/17/14. Petition for writ of certiorari filed 2/20/15. Notice of denial of certiorari filed 4/27/15. District Court order dismissing case filed 08/19/15.

See related state court case: Marks v. Koch

Circuit Court Documents

District Court Documents

Commentary

Edward B. Foley

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

more commentary...

In the News

Edward B. Foley

How states can fix the Electoral College and prevent future Trumps

An op-ed written by Professor Edward Foley about repairing the Electoral College was published in USA Today.

“The imperative is to prevent another president who wins the White House without really winning the support of the electorates in the states that determine the outcome,” Foley writes. “The Founding Fathers would see that as a subversion of the Electoral College system. So should we.”
 

more EL@M in the news...

Info & Analysis

Sixth Circuit Reverses Dismissal of Ohio ADA Case Alleging Discrimination Against Blind Voters

In an opinion released today, a three-judge panel of the Sixth Circuit Court of Appeals reversed the decision of the district court dismissing a lawsuit alleging that Ohio\'s absentee voter system discriminates against blind voters. According to the panel, the district court accepted Ohio Secretary of State John Husted\'s \"fundamental alteration\" defense without any evidentiary support. The case, Hindel v. Husted, was remanded to the district court for further proceedings.

more info & analysis...