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Last Updated: September 10, 2010 at 1:39 PM

Nelson v. Dean

Case Information

Date Filed / Ended: October 4, 2007 / December 24, 2007
State: Florida
Issue: Primary Election Dates
Courts that Heard this Case: U.S. District Court, Northern District of Florida (Case 4:07-cv-00427)

Issue:

Whether the Democratic National Committee violated the Voting Rights Act and the the U.S. Constitution by taking away Florida's votes in the national presidential nominating convention, as a result of the State moving its primary election up to January 29, 2008.

Status:

Complaint filed 10/4/07. Motion to Dismiss granted on 12/14/07.

District Court Documents

Complaint , Exhibits A-B (filed 10/4/07)
FIRST AMENDED COMPLAINT (filed 10/26/07)
MOTION for Summary Judgment and Memorandum of Law in Support Thereof (filed 10/30/07)
STATEMENT OF FACTS Re: MOTION for Summary Judgment and Memorandum of Law in Support Thereof (filed 10/30/07)
- Declaration of Philip McNamara
- Exhibits to Declaration of Philip McNamara
ORDER SETTING SUMMARY JUDGMENT PROCEDURES (entered 11/1/07)
MOTION to Dismiss (filed 11/1/07)
First MOTION for Partial Summary Judgment (filed 11/5/07)
STATEMENT OF FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE TRIED (filed 11/5/07)
RESPONSE in Opposition re MOTION for Summary Judgment and Memorandum of Law in Support Thereof (filed 11/16/07)
RESPONSE to Motion re MOTION to Dismiss (filed 11/16/07)
RESPONSE to Motion re MOTION for Summary Judgment and Memorandum of Law in Support Thereof (filed 11/16/07)
RESPONSE to Motion re First MOTION for Partial Summary Judgment (filed 11/19/07)
MEMORANDUM in Opposition re First MOTION for Partial Summary Judgment (filed 11/19/07)
RESPONSE re Statement of Facts (filed 11/19/07)
REPLY to Response to Motion re MOTION for Summary Judgment and Memorandum of Law in Support Thereof (filed 11/26/07)
ORDER granting Motion for Summary Judgment; granting Motion to Dismiss; denying Motion for Partial Summary Judgment (entered 12/14/07)
CLERK'S JUDGMENT entered pursuant to Order Order Granting Defendants' Motions To Dismiss and For Summary Judgment (entered 12/17/07)
ORDER FOR ENTRY OF JUDGMENT IN FAVOR OF SECRETARY OF STATE (entered 12/23/07)
CLERK'S JUDGMENT, All remaining claims in this action are dismissed with prejudice (entered 12/24/07)

Commentary

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

more commentary...

In the News

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...

Major Pending Cases

more litigation...

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