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Litigation

San Diego County v. Bowen

Case Information

Date Filed: December 18, 2007
State: California
Issue: Voting Technology
Courts that Heard this Case: San Diego Superior Court (Case 37-2007-00084017-CU-WM-CTL); 4th Appellate District, Division 1 (Case D052375 )

Issue: Whether California Secretary of State Debra Bowen has the authority to require expanded election auditing procedures for counties using certain kinds of electronic voting machines.

Status: Complaint filed on 12/18/07. Court denied Plaintiffs request for writ of mandamus (Tentative Order, 1/17/08). Petition for writ of mandate filed Appellate Court on 1/25/08. Petition for writ denied 1/29/08.

Fourth Appellate Division

  • Petition for Writ of Mandate (filed 1/25/08)
  • Order denying petition for writ (filed 1/29/08)

San Diego Superior Court

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The Electoral Fix We Really Need

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The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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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

U.S. Supreme Court Affirms District Court: NC Redistricting Unconstitutional

In a 5-3 decision, the U.S. Supreme Court affirmed the decision of the District Court, finding that North Carolina\'s Congressional redistricting plan violated the U.S. Constitution. The Court determined that racial considerations unlawfully predominated the designing of the contested districts. The case is Cooper v. Harris.

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