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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

True the Vote, Inc. v. IRS

Case Information

Date Filed: May 21, 2013
State: Washington, D.C.
Issue: Campaign Finance
Current Court: U.S. District Court for the District of Columbia (Case 1:13-CV-00734)

Issue:

1) Whether True the Vote is exempt from Federal Income tax as a 501(c)(3) organization.

2) Whether the IRS violated True the Vote's First Amendment right of freedom of speech and association.

3) Whether the IRS overstepped its statutory authority in requesting additional information from True the Vote.

Status:

Complaint filed 5/21/13. Motion to Dismiss counts 1, 2, 3, and 5 filed 9/26/13. Plaintiff's motion to stay agency action filed 11/15/13. True the Vote's Opposition to Motion to Dismiss on 11/26/13. Multiple Replies Supporting Motion to Dismiss on 12/17/13. Plaintiffs' Motion for Preliminary Injunction and Expedited Discovery filed 6/30/14. Order denying Motion for Discovery and Motion for Preliminary Injunction filed 8/7/14. Order granting Motion to Dismiss filed 10/22/14. Plaintiff's Notice of Appeal filed 12/18/14. Order that appeal be held in abeyance filed 5/8/15. Oral argument at D.C. Circuit held 4/14/16. D.C. Circuit Court opinion affirming in part, reversing in part, filed 8/5/16.

 

Court of Appeals Documents

District Court Documents

Commentary

Edward B. Foley

Accuracy About Voting—Needed on Both Sides of Debate

Edward B. Foley

The Golden Rule fully applies: speak truthfully about voting as you would have others also speak truthfully about voting.

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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."

more EL@M in the news...

Info & Analysis

U.S. District Judge Dissolves TRO, Halting Michigan Recount

A U.S. District Judge granted the request of the Michigan Republican Party and the Michigan Attorney General to dissolve a temporary restraining order that had allowed the Jill Stein-initiated recount to commence. Judge Mark Goldsmith determined that Stein failed to show entitlement to a recount under Michigan or federal law. The case is Stein v. Thomas.

more info & analysis...