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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

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...