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Election Law @ Moritz

Election Law @ Moritz


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

Related News Articles

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

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