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Election Law @ Moritz

Election Law @ Moritz


ACLU of New Mexico v. Chavez

Case Information

Date Filed / Ended: October 26, 2005 / November 17, 2008
State: New Mexico
Issue: Voter ID
Courts that Heard this Case: United States District Court, District of New Mexico (Case 05cv1136); United States Court of Appeals, 10th Circuit (Case 07-2067; 07-2081)


Whether Albuquerque's Voter ID statute, which requires photo identification of in-person voters but not absentee voters, violates equal protection, Plaintiffs' First Amendment rights, or creates an undue burden on the right to vote.


The district court granted partial summary judgment on the parties claims on 3/7/07. An appeal was filed with the U.S. 10th Circuit Court of Appeals. The case is currently active. The court has ordered the parties to file briefs addressing the impact of the Crawford decision by June 17.  Oral arguments are set for 9/25/08.

Appellate Court Documents

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

Mich.’s elections designer: No ‘easy path to fraud’

Professor Edward Foley was quoted in The Detroit News about efforts Michigan officials have taken to prevent widespread voter fraud. Among the precautions: removing more than 800,000 people from voter rolls who have died or moved out of state since 2011 and requiring voters without photo identification to sign an affidavit under penalty of perjury in order to sign a ballot.

“That’s a pretty good security system for the moment, especially in terms of protecting against hacking,” Foley said.

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...