OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Stein v. Thomas

Case Information

Date Filed: December 2, 2016
State: Michigan
Issue: Recount Resources
Courts that Heard this Case: U.S. District Court for the Eastern District of Michigan (Case 2:16-cv-14233)

Issue:

Whether the decision of the Michigan Director of Elections to delay any recount efforts is a violation of the Due Process, Equal Protection and the First Amendment. Plaintiff requests that the court enjoin the Defendants and their agents from delaying the recount process.

Status:

Complaint and Motion for TRO and Preliminary Injunction filed 12/2/16. Order Granting Preliminary Injunction filed 12/5/2016. Notice of Appeal filed 12/5/16. Emergency Motion to Stay District Court Order and Petition for Initial En Banc Review filed in Sixth Circuit by Michigan Republican Party and Michigan AG Bill Schuette on 12/5/16 and 12/6/16. Sixth Circuit decision affirming District Court's issuance of TRO filed 12/6/16. Motions to dissolve TRO filed in District Court by Michigan Republican Party and AG Schuette 12/6/16. Order Dissolving TRO filed 12/7/16. Notice of Voluntary Dismissal filed 12/13/16.

Related case: Schuette v. Board of State Canvassers

District Court Documents

Sixth Circuit Court of Appeals Documents

 

 

Commentary

Edward B. Foley

Of X-Rays, CT Scans, and Gerrymanders

Edward B. Foley

Progress in the detection of malignant redistricting.

more commentary...

In the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

more EL@M in the news...

Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

more info & analysis...