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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Conservative Party of New York State, et al., v. New York State Board of Elections, et al.

Case Information

Date Filed: September 14, 2010
State: New York
Issues: Voting Technology, Vote Dillution
Courts that Heard this Case: U.S. District Court for the Southern District of New York (Case 1:10-cv-06923)

Issue:

Whether New York's policy of, when a voter selects the same candidate multiple times under multiple party affiliations, counting only the vote for the first party selected, and thus depriving the second party of credit for receiving a vote on their party, without notice to the voter, is unconstitutional.

Status:

Consent Decree Dismissing Case entered 9/8/11. Oral Argument Held on Motion to Dismiss 1/31/11.  Plaintiff's Supplemental Memorandum of Law on Motion to Dismiss First Amended Complaint filed 2/3/11.  Order Denying Motion to Dismiss entered 2/10/11. Civil Case Management Plan entered 3/1/11. Order Referring Case to Magistrate Judge for Settlement entered 4/7/11.  Order and Opinion Denying Defendant's Motion to Dismiss 5/10/11. Consent Decree Dismiss Case filed (9/08/11)

District Court Documents

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...