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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Van Hollen v. IRS

Case Information

Date Filed: August 21, 2013
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: District Court for the District of Columbia (Case 1:13-cv-01276)

Issue:

Issue 1:

Did the IRS unlawfully withhold or unreasonably delay in failing to initiate a rulemaking to amend TR 1.501(c)(4)?

Issue 2:

 Does the IRS's directive constitute an act that is arbitrary, capricious, or an abuse of discretion because it permits section 501(c)(4) organizations to engage in substantial election campagin interventions?

Status:

Complaint filed 8/21/13. Case consolidated with CREW v. IRS on 9/6/13. Notice of Voluntary Dismissal by Van Hollen, Democracy 21, Campaign Legal Center, and Public Citizen, Inc. filed 12/6/13.

District 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

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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