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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Perez v. Texas

Case Information

Date Filed: May 9, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Current Court: US District Court for the Western District of Texas (Case 5:11-cv-00360 )

Issue:

Whether Texas' redistricting plan violates the Constitution because it does not make a good faith effort to maintain population equality and treats inmates as residents of the counties in which they are incarcerated.

Status:

District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court's order pending oral argument scheduled 1/9/11. Election Scheduling Order filed 3/19/12. Interim plan for 2012 Elections entered 9/7/12. Stay denied by Supreme Court 10/3/12. Order granting motion to dismiss defendants Strauss and Dewhurst filed 11/27/13. Defendants' Motion to Modify Legislative Privilege Order filed 12/6/13. Order denying Motion to Modify Legislative Privilege Order filed 1/8/14. Plaintiffs' Sixth Amended Complaint filed 2/25/14. Defendants' Answer filed 2/28/14. Defendants' Motion for Sanctions filed 4/14/14. United States' Motion to Compel the Production of Legislative Documents filed 4/16/14. Notice of Withdrawal of Motion for Sanctions filed 4/16/14. Order granting in part, denying in part Motion to Compel filed 5/6/14. Defendants' Motion to Dismiss filed 5/14/14. Defendants' Motion for Summary Judgment filed 5/14/14. Order denying Motion for Reconsideration filed 5/20/14. Defendants' Second Motion for Sanctions against LULAC filed 5/21/14. Defendants' Motion for Protective filed 5/23/14. Quesada Plaintiffs' Motion to Compel Discovery filed 5/27/14. Order granting Motion for Protective Order filed 5/20/14. Task Force and MALC's Motion for Protective Order filed 5/30/14. Order granting Motion to Compel Testimony filed 6/2/14. Order granting in part and denying in part Motion to Compel filed 6/5/14. Order granting in part and denying in part Motion to Dismiss filed 6/17/14. Order denying Motion for Reconsideration filed 6/18/14. Order granting United States' Motion for Judicial Notice in part filed 6/20/14. United States' Motion to Compel the Production of Documents filed 6/23/14. Order that Summary Judgment granted for 15th amendment claims filed 6/23/14. Order granting in part and denying in part Motion to Compel filed 7/914. Order granting in part and denying in party Motion to Exclude filed 7/9/14. Order granting in part and denying in part Motion to Compel filed 7/11/14. Defendants' Motion for Judicial Notice filed 7/19/14. Oral Order withdrawing Motion for Discovery, granting Motion to file Sealed Document, and granting Motion for Judicial filed 7/19/14.

See also Davis v. Perry and Perez v. Texas

 

Supreme Court Documents

District Court Documents

Court of Appeals Documents

 

Commentary

Election Law @ Moritz is 10 Years Old!

Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Supreme Court of Kansas Orders Taylor's Name to be Removed from U.S. Senate Ballot

In an opinion issued yesterday, the Supreme Court of Kansas ordered Kansas Secretary of State Kris Kobach to remove Democratic candidate for U.S. Senate Chad Taylor from the ballot for the general election. Removing Taylor leaves Republican incumbent Pat Roberts and independent candidate Greg Orman on the ballot. Taylor requested his removal earlier this month. The case is Taylor v. Kobach.

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