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Election Law @ Moritz

Election Law @ Moritz


Texas Democratic Party v. Williams

Case Information

Date Filed / Ended: February 13, 2007 / January 12, 2009
State: Texas
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Western District of Texas (Case 1:07-cv-00115); U.S. 5th Circuit Court of Appeals (Case 07-51064); U.S. Supreme Court (Case 08-540)


Whether the use of eSlate voting machines (which plaintiffs allege have not counted votes properly) violates HAVA, the Texas Election Code, or the U.S. Constitution.


Judgment rendered by US 5th Circuit Court of Appeal on 7/30/08 affirming the granting of Summary Judgment to the defendants by the District Court.  The plaintiffs filed a Petition for a Writ of Certiori with the U.S. Supreme Court on 10/21/08.  Petition was denied 1/12/09.

U.S. Supreme Court Documents

  • Petition for a Writ of Certiori PDF (filed 10/21/08)
  • Waiver of right of respondent Hope Andrade, Texas Secretary of State to respond (filed 11/24/08)
  • Distributed for Conference of 1/9/09 (entered 12/3/08)
  • Petition DENIED. (entered 1/12/09)

Court of Appeals Documents

District Court Documents


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

Election Law Expert: Rigged Election 'Extraordinarily Unlikely'

Professor Edward Foley appeared on NPR’s Morning Edition to discuss the historical context of rigged elections and the unlikeliness that the general election will be tampered with this year.

“That state would have had to have been targeted ahead of time for rigging, and the attempt to rig it would have to go undetected. That's a lot to happen systematically and under the radar screen,” Foley said. “The new phenomenon is the risk of a cyberattack, and again, I think the risk of that is very low — as long as the voting machines are not hooked up to the Internet, and most states — as I understand it — most states do not hook up their vote-tabulating equipment to the Internet.”

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...