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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. U.S.'s Answer to First Amended Complaint filed 12/19/16. True the Vote's Memo in Opposition to U.S.'s Motion for Summary Judgment filed 1/19/17.

 

Court of Appeals Documents

District Court Documents

Commentary

Edward B. Foley

Of X-Rays, CT Scans, and Gerrymanders

Edward B. Foley

Progress in the detection of malignant redistricting.

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In the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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