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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Ohio Democratic Party v. Ohio Republican Party

Case Information

Date Filed: October 30, 2016
State: Ohio
Issue: Voter Intimidation
Courts that Heard this Case: United States District Court for the Northern District of Ohio (Case 1:16-cv-02645-JG); Sixth Circuit U.S. Court of Appeals (Case 16-4268); U.S. Supreme Court (Case )

Issue:

Whether the actions of the Ohio Republican Party, Donald J. Trump for President, Inc., Roger J. Stone, Jr., and Stop the Steal Inc., are violating the Voting Rights Act and the Ku Klux Klan Act by intimidating minority voters. The plaintiffs request that the courts issue an order to stop "voter intimidation" and for Stone and Stop the Steal Inc. to stop certain activities such as exit polling.

Status:

Complaint filed 10/30/16. Opinion and Order granting TRO filed 11/4/16. Emergency Request to Stay District Court decision and request for initial en banc hearing filed 11/5/16. Sixth Circuit Order granting stay of District Court decision and denying request for initial en banc hearing filed 11/6/16. Emergency Application to Vacate Sixth Circuit Stay filed in U.S. Supreme Court 11/6/16. U.S. Supreme Court order denying emergency application filed 11/7/16. Case Dismissed 11/10/16.

 

District Court Documents

Sixth Circuit Court of Appeals Documents

U.S. Supreme Court Documents

 


 

Commentary

Edward B. Foley

Of X-Rays, CT Scans, and Gerrymanders

Edward B. Foley

Progress in the detection of malignant redistricting.

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In the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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