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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Pulaski County Election Commission v. Arkansas State Board of Election Commissioners

Case Information

Date Filed: March 12, 2014
State: Arkansas
Issues: Absentee Ballots, Voter ID, Voter Eligibility
Courts that Heard this Case: Circuit Cout of Pulaski County (Case 60CV-14-1019); Arkansas Supreme Court (Case CV 14-37I)

Issue:

Original Issue: Whether the State Board of Election Commissioners' adoption of Emergency Rules regarding voter qualification requirements were contrary to state statute and in violation of the separation of powers doctrine.

Additional Issue on Appeal: Whether Circuit Court correctly held state voter qualification statute unconstitutional under Arkansas' Constitution.

Status:

Petition for Declaratory Judgment filed 3/12/14. Republican Party of Arkansas' Motion to Intervene filed 3/26/14. Amended Petition for Declaratory Judgment filed 4/3/14. Republican Party of Arkansas' Amended Motion to Intervene filed 4/6/14. Intervenors' Motion to Dismiss filed 4/6/14. Order granting Motion to Intervene filed 4/15/14. Intervenors' Motion for Summary Judgment filed 4/17/14. Defendant's Answer to Amended Petition filed 4/18/14. Defendant's Motion for Summary Judgment filed 4/18/14. Plaintiff's Motion for Summary Judgment filed 4/18/14. Judgment granting Plaintiff's Motion for Summary Judgment filed 4/24/14. Defendant's Notice of Appeal filed 4/25/14. Appellant's Brief filed 5/2/14. Intervenors' Brief filed 5/2/14. Appellees' Brief filed 5/2/14. Opinion filed 5/16/14.

Supreme Court of Arkansas Documents

Circuit 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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