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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Florida Democratic Party v. Detzner

Case Information

Date Filed: October 3, 2016
State: Florida
Issue: Absentee Ballots
Current Court: U.S. District Court for the Northern District of Florida (Case 4:16-cv-00607)

Issue:

Whether Florida's enforcement of statutes (Fla. Stat. § 98.077, Fla. Stat. § 101.65, and Fla. Stat. § 101.68) requiring the signatures on vote-by-mail ballots (formerly "absentee" ballots) to match the signature shown on registration records and the subsequent rejection of defective ballots, without a means to cure the defect, violates the Equal Protection Clause of the Fourteenth Amendment.

Status:

Complaint filed 10/3/16. Emergency Motion for Preliminary Injunction filed 10/3/16. Defendant's Memorandum in Opposition and Motion to Dismiss filed 10/14/16. Plaintiffs' Reply filed 10/16/16. Order granting preliminary injunction filed 10/16/16. Answer filed 10/31/16. Ordering staying case until 5-5-17 filed 12/12/16.

 

District Court Documents

Commentary

Edward B. Foley

Of X-Rays, CT Scans, and Gerrymanders

Edward B. Foley

Progress in the detection of malignant redistricting.

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In the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

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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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