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Election Law @ Moritz

Election Law @ Moritz



True the Vote, Inc. v. Stewart

Case Information

Date Filed: December 12, 2013
State: Colorado
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court of Colorado (Case 1:13-cv-03369)


Issue 1:

Did Defendant Stewart fail to maintain the voter list in violation of Section 8 of the National Voter Registration Act of 1973, 42 U.S.C. 1973?

Issue 2: 

Does Defendant Stewart's failure to respond to Plaintiff True the Vote's request for data and records violate Section 8 of the National Voter Registration Act of 1973, 42 U.S.C. 1973? If so, did the violation cause Plaintiff True the Vote informational injury? 

Issue 3:

Does Colorado's Voter Access and Moderized Elections Act of 2013 violate the National Voter Registration Act of 1973, 42 U.S.C. 1973?


Complaint filed 12/12/13. Voluntary Dismissal of Case by Plaintiff filed 1/24/14.

District Court Documents


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

Trump accepting the US election result has little practical consequence

Professor Edward Foley was quoted in Deutsche Welle about Donald Trump’s assertions that he will not accept the results of the U.S. presidential election if he is defeated.

"It was improper to say what he said and the way that he said it, given the role of a candidate in a democracy for the office that he is seeking,” Foley said. "Most states have what they call automatic or mandatory recounts that get triggered by close margins. I do think the words that he has used suggest some lack of knowledge of the mechanics of the process and how the system works.”

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...