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Election Law @ Moritz

Election Law @ Moritz


Litigation

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)

Issue:

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.

Status:

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

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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In the News

Edward B. Foley

Columbus City Council Will See Some Reforms, But Not For Another Six Years

Professor Edward Foley was quoted in WOSU about changes to Columbus City Council that will stem from the passage of Issue 3.

 

“In a city where one political party is dominant, it makes sense to think about the citizen's commission to take it out of the hands of the politicians,” Foley said. “Because if you leave it in the hands of the politicians, it’s hard to get balance between the two parties.”


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Info & Analysis

Supreme Court Decides Wisconsin and Maryland Gerrymandering Cases on Procedural Grounds

In opinions issued today, the U.S. Supreme Court decided two gerrymandering cases on procedural grounds. In an opinion in the Wisconsin case of Gill v. Whitford, the Court found that the plaintiffs did not have standing to challenge the legislature\'s redistricting plan. In an opinion in the Maryland case of Benisek v. Lamone, the Court determined that the District Court was within its discretion in denying preliminary relief to the plaintiffs challenging the legislature\'s redistricting plan.

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