OSU Navigation Bar

Election Law @ Moritz Home Page

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

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

U.S. District Judge Grants Summary Judgment to Plaintiffs in Ohio Absentee Voting Case Involving Jailed Citizens

U.S. District Judge Arthur Spiegel yesterday granted summary judgment in an absentee voting case, ruling that Ohio must provide absentee voting assistance to late-jailed electors. The case is Fair Elections Ohio v. Husted.

more info & analysis...