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Election Law @ Moritz

Election Law @ Moritz


Litigation

Rudolph, et al., v. Fenumiai

Case Information

Date Filed: November 1, 2010
State: Alaska
Issues: Election 2010, Polling Place Challenges
Courts that Heard this Case: U.S. District Court for the District of Alaska (Case 3:10-cv-00243)

Issue:

Whether the Alaska Division of Elections is in violation of the Voting Rights Act by providing write in candidate votings lists at polling places without proper clearance from the US Department of Justice.

Status:

Reply to Response to Motion for Temporary Restraining Order filed 11/1/10.  Three-Judge Panel request filed 11/5/10.  Notice of Voluntary Dismissal of Defendants filed 11/22/10.  Order Dismissing Case entered 11/23/10.  Amicus Brief Submitted by American Unity Legal Defense Fund filed 11/23/10.

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

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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