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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Texas v. United States

Case Information

Date Filed: July 19, 2011
State: Texas
Issue: Redistricting
Courts that Heard this Case: United States District Court for the District of Columbia (Case 1:11-cv-01303); United States Supreme Court (Case 12-496); United States Court of Appeals for the District of Columbia Circuit (Case 14-5151)

Issue:

Whether Texas' Recently Enacted Redistricting Plans Violate Section 5 of the Voting Rights Act.

Status:

Trial commenced 1/17/12. Post-trial briefs filed 2/6/12 and 2/7/12. Opinion issued 8/28/12. Notice of appeal to U.S. Supreme Court filed 8/31/12. Jurisdictional statement filed 10/19/12. Mexican-American Legislative Caucus' Motion to Affirm filed 12/6/12. United States' Motion to Affirm in Part filed 12/7/12. Davis' Motion to Affirm filed 12/7/12. Texas Latino Redistricting Task Force's Motion to Affirm filed 12/7/12. Texas' Reply Brief filed 12/13/12. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Memorandum and Order of Dismissal filed 12/3/13. Order Dissolving Three-Judge District Court on 1/22/14. Order filed 6/18/14. Notice of Appeal filed 6/23/14. Plaintiffs' Motion to Stay filed 6/23/14. Order granting Motion to stay filed 6/24/14. Texas' opening Court of Appeals brief filed 12/15/14. Joint appendix filed 12/15/14. Joint Appellee Brief filed 1/14/15. Appellant Reply Brief filed 1/28/15. Oral argument heard 4/21/15. Opinion affirming district court filed 8/18/15.

See also Davis v. Perry and Perez v. Texas

District Court Documents

Court of Appeals Documents

Supreme Court Documents

 

 

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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