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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

North Carolina’s disputed race for governor: historical context

Edward B. Foley

Federal courts have a power to protect voting rights that they lacked until recently.

more commentary...

In the News

Daniel P. Tokaji

Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

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Info & Analysis

Divided District Court Panel Finds Wisconsin Assembly Districts Unconstitutionally Drawn

In a 2-1 opinion, a District Court panel determined that the redistricting plan enacted by the Wisconsin legislature in 2011 was an unconstitutional partisan gerrymander. The court deferred its ruling as to a remedy, ordering further briefing by the parties. The case is Whitford v. Nichol.

more info & analysis...