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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

 

Marks v. Koch

Case Information

Date Filed: October 8, 2009
State: Colorado
Issues: Improper Election Administration, Freedom of Information
Courts that Heard this Case: Colorado Court of Appeals (Case 10CA1111); Colorado Supreme Court (Case No. 11SC816); Pitkin County District Court (Case 09CV294)

Issue:

Whether article VII, §8, of the Colorado Constitution prohibits making cast election ballots available for public inspection pursuant to the Colorado Open Records Act

Status:

Petition for Writ of Certiorari Granted by Colorado Supreme Court 4/16/12, subsequently denied 6/21/12. Petition of Certiorari to Colorado Supreme Court filed 11/9/11.  Court of Appeals Decision Announced 9/29/11.

See related federal court case: Citizen Center v. Gessler

Pitkin County District Court Documents

Colorado Court of Appeals Documents

Colorado Supreme Court Documents

Related News Articles

 

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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