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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Perez v. Abbott

Case Information

Date Filed: May 9, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Current Court: United States Supreme Court (Case 17A225 and 17A245)

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:

Motion for Preliminary Injunction by Debbie Allen et al filed 10/14/15. Order denying preliminary injunction filed 11/16/15. Order for supplemental briefing in light of Harris v. Arizona Independent Redistricting Commission filed 4/20/16. Non-U.S. Plaintiffs' Joint Motion for Entry of Judgment filed 12/30/16. Order denying motion for entry of judgment filed 1/5/17. Opinion finding some Congressional districts unlawfully drawn filed 3/10/17. Findings of Fact filed 3/10/17. Order finding intentional discrimination in drawing of Texas state House of Representatives districts, but ruling for state on other claims, filed 4/20/17. Findings of Fact in support of order filed 4/20/17. Order Denying Motion to Certify Record for Interlocutory Appeal filed 5/1/17. Post-trial briefs filed 7/31/17. Order on Plan C235 filed 8/15/17. Notice of Appeal filed 8/18/17. Motion for Stay Denied 8/18/17. Order on Plan H358 filed 8/24/17. Application for Stay filed in U.S. Supreme Court 8/25/17. Order Granting Temporary Stay for Texas Congressional redistricting case filed 8/28/17. Order Granting Temporary Stay for Texas House redistricting case filed 8/31/17. Response in Opposition to Stay Application filed 9/5/17. U.S. Supreme Court orders granting stays of Congressional and Texas House redistricting cases filed 9/12/17.

See also Davis v. Perry and Perez v. Texas

District Court Documents

Court of Appeals Documents

Supreme 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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