OSU Navigation Bar

Election Law @ Moritz Home Page

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

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

more EL@M in the news...

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.

more info & analysis...