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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

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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