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Litigation

 

Fitrakis v. Husted (state court)

Case Information

Date Filed: November 5, 2012
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: Franklin County Common Pleas Court (Case 12 CV 013888)

Issue:

Whether Ohio's use of certain software for electronic voting machines violates plaintiff's rights under 42 U.S.C. 1983; whether Secretary of State Husted, as a public official, spent public funds without authorization.

Status:

Complaint and Motion for Temporary Restraining Order filed 11/5/12. Motion for TRO denied 11/6/12. Motion to Dismiss filed 11/27/12. ESS Motion to Dismiss granted 1/25/13.

 

Common Pleas Court Documents

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

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