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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

NAACP New York State Conference v. New York State Board of Elections

Case Information

Date Filed: June 28, 2010
State: New York
Issues: Voting Rights Act, Voting Technology
Courts that Heard this Case: U.S. District Court for the Eastern District of New York (Case 1:10-cv-02950)

Issue:

Whether New York's overvote practice and procedure results or will result in the denial of New York citizen's right to vote on account of race or color, in violation of Section 2 of the Voting Rights Act.

Status:

Amended Complaint filed 9/2/10. Answers by all Defendants filed on 10/1/10.  Motion to Compel filed 11/17/10. Parties' Stipulation and Joint Motion for Confidentiality filed 8/4/11. Motion to Dismiss filed 2/29/12. Case dismissed 8/8/12.

District 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

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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