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Election Law @ Moritz

Election Law @ Moritz


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)


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.


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


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

Trump accepting the US election result has little practical consequence

Professor Edward Foley was quoted in Deutsche Welle about Donald Trump’s assertions that he will not accept the results of the U.S. presidential election if he is defeated.

"It was improper to say what he said and the way that he said it, given the role of a candidate in a democracy for the office that he is seeking,” Foley said. "Most states have what they call automatic or mandatory recounts that get triggered by close margins. I do think the words that he has used suggest some lack of knowledge of the mechanics of the process and how the system works.”

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...