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Election Law @ Moritz

Election Law @ Moritz



Stein v. Cortes

Case Information

Date Filed: December 5, 2016
State: Pennsylvania
Issue: Recount Resources
Current Court: U.S. District Court for the Eastern District of Pennsylvania (Case 2:16-cv-06287)


The plaintiff brings this action in relation to the difficulty they are facing in gaining a recount in Pennsylvania. The following claims are brought by plaintiff: 

1. Whether the Defendants have are maintaining and implementing a system of voting that denies Pennsylvania voters the right to vote, which has severely burdened voters right to vote in violation of the Equal Protection clause.

2. Whether the Defendants are maintaining and implementing a system that burdens the right to vote and violates Due Process under the Fourteenth Amendment.

3. Whether the Defendants are maintaining and implementing a system that burdens the right to vote and violates the First Amendment.


Complaint filed 12/5/2016. Motion to Intervene by Trump et al filed 12/5/16. Order setting 12/6/16 deadline for response to Motion to Intervene. Motion for Expedited Hearing on Motion for Preliminary Injunction filed 12/6/16. Memorandum of Law in Support of Motion for Preliminary Injunction filed 12/6/16. Responses in Opposition filed by Trump et al and Cortes12/8/16. Opinion and Order Denying Motion for Preliminary Injunction filed 12/12/16.


District Court Documents


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In the News

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How states can fix the Electoral College and prevent future Trumps

An op-ed written by Professor Edward Foley about repairing the Electoral College was published in USA Today.

“The imperative is to prevent another president who wins the White House without really winning the support of the electorates in the states that determine the outcome,” Foley writes. “The Founding Fathers would see that as a subversion of the Electoral College system. So should we.”

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