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Election Law @ Moritz

Election Law @ Moritz


Litigation

Garcia v. Fox-Young

Case Information

Date Filed: October 27, 2008
State: New Mexico
Issue: Improper Election Communications
Courts that Heard this Case: Second Judicial District Court (Case D-202-CV-200811178)

Issue:

Whether efforts by agents of the Republican Party to research questionable voter registrations and then subsequently disseminate the private information of those voters violate New Mexico law.

Status:

Complaint filed 10/27/08. Answer filed 11/21/08.  Motion to stay discovery and bifurcate discovery filed 12/8/08.  Request for hearing on motion filed 12/8/08.

District Court Documents

  • Complaint PDF
  • Answer (filed 11/21/08)
  • Motion to Stay Discovery and Bifurcate Discovery (filed 12/8/08)
    • Memorandum in Support
  • Request for Hearing on Motion (filed 12/8/08)
  • Motion for Rule 12/Rule 23 Scheduling Conference (filed 12/10/08)
  • Plaintiff's Response to Defendant's Motion for Rule 12/Rule 23 Scheduling Conference (filed 1/5/09)
  • Defendant's Reply to Plaintiff's Response to Defendant's motion to Stay Discovery and to Bifurcate Discovery (filed 1/23/09)

Related Links

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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