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Election Law @ Moritz

Election Law @ Moritz


Litigation

In the Matter of Philip Ragusa

Case Information

Date Filed / Ended: November 4, 2008 / December 19, 2008
State: New York
Issue: Recount Resources
Courts that Heard this Case: Supreme Court, Queens County (Case ); Supreme Court, Appellate Division, Second Judicial Department (Case 2008-11181)

Issue:

Whether the parties had been given an opportunity pursuant to Election Law section 9-209(2)(d) to make objections to the casting or refusal to cast approximately 1,700 ballots found by Board of Elections personnel to be preliminarily invalid.

Status:

Decision and Order entered by the Supreme Court of New York, Appellate Division, Second Judicial Department on 12/19/08.

Supreme Court, Appellate Division 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

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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