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Election Law @ Moritz

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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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Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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