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Election Law @ Moritz

Election Law @ Moritz


Litigation

Fedder v. Gallagher

Case Information

Date Filed / Ended: November 21, 2006 / January 31, 2008
State: Florida
Issue: Voting Technology
Courts that Heard this Case: Second Judicial Court, Leon County Florida (Case 2006 CA 2996)

Issue:

Whether the voting equipment used in Sarasota County failed to properly record votes cast for candidates in the 13th Congressional District race, denying residents of Sarasota County their right to have their votes counted for this race.

Status:

Complaint to Contest Election filed 11/21/06. Currently in discovery. Joint stipulated dismissal filed 1/31/08.

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Opinions/Commentaries

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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