OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Miller v. Lieutenant Governor Craig Campbell, et. al.

Case Information

Date Filed: November 9, 2010
State: Alaska
Issue: Election 2010
Courts that Heard this Case: U.S. District Court for the District of Alaska (Case 3:10-cv-00252); State of Alaska Superior Court, Fourth District (Case 4FA-10-3151)


Whether the Defendants are in violation of the Elections Clause of the US Constitution prohibiting the enacting of election provisions inconsistent with legislative mandates, and in violation of the Equal Protection Clause of the US Constitution regarding the policy of attempting to divine the “intent of the voter” from write-in ballots.


Motion to file Amended Complaint filed 12/27/10.  Miller's Motion for Summary Judgment filed 12/27/10.  Motion in Opposition to Miller's Motion for Summary Judgment filed 12/27/10.  Motion to Expedite Order to Lift Preliminary Injunction filed 12/27/10.  Judgment Dismissing Plaintiff's Complaint (as amended) entered 12/29/10.

District Court Documents

State Superior Court Documents

State Supreme Court Documents


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

Explaining how recounts and contested presidential elections work

Professor Edward Foley was quoted in Yahoo! News about vote recounts and the history of contested presidential elections. A handful of past elections haven’t been officially determined on election night, he said, including races in 1876, 1884, 1916, and 1960. The article originally appeared on the National Constitution Center’s blog, Constitution Daily.

“Elections, it must be emphasized, do not end on the last day that ballots are cast and the polls close,” Foley said. “They are officially over when the counting of all the ballots has been finally certified.”

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...