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Election Law @ Moritz

Election Law @ Moritz


Litigation

Northwest Austin Municipal Utility District Number One v. Gonzales

Case Information

Date Filed / Ended: August 4, 2006 / November 3, 2009
State: Texas
Issue: Voting Rights Act
Courts that Heard this Case: United States District Court, District of Columbia (Case 1:06-cv-01384-PLF-EGS); United States Supreme Court (Case 08-322)

Issue:

Whether the imposition of §5 of the Voting Rights Act requirements, 42 U.S.C. §1973c, upon Northwest Austin Municipal Utility District Number One is improper and/or unconstitutional as the district has allegedly remedied the problems giving rise to the initial imposition of these requirements.

Status:

A juridictional statement was filed on 9/4/08.  An amicus brief was filed by the Mountain States Legal Foundation on 10/10/08.  Motion to affirm filed by Appellee 11/26/08. Oral Arguments set for 4/29/09. Appellant's Reply filed 4/15. Judgement Reversed and Case Remanded on 6/22/09.  Consent Judgment and Decree 11/3/09.

U.S. Supreme Court Documents

District Court Documents

Related 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

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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