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Election Law @ Moritz

Election Law @ Moritz


Litigation

Green v. Doe

Case Information

Date Filed: October 28, 2008
State: Florida
Issue: Voter Registration
Courts that Heard this Case: Leon County Circuit Court (Case 37 2008 CA 003551)

Issue:

Wether the Republican Party of Florida can challenge voter elligiblity based on the fact the mail sent to voters adresses was undeliverable by the post office.

Status:

Complaint filed on 10/30/08.

Court Documents

  • Amended Complaint PDF (filed 10/30/08)
  • NOTICE OF TAKING DEPOSITION DUCES TECUM (filed 10/31/08)
  • SUBPOENA FOR DEPOSITION DUCES TECUM (filed 10/31/08)
  • PLAINTIFFS MOTION FOR EXPEDITED DECLARATORY RELIEF (filed 10/31/08)
  • NOTICE OF HEARING Event: NOTICE OF HEARING Date: 11/03/2008 Time: 11:00 am (filed 10/31/08)
  • AFFIDAVIT OF JAMES C RIMES, JR. (filed 11/3/08)
  • DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT AND RESERVATION OF RIGHTS (filed 11/3/08)
  • DECLARATION OF FREDDIE L. MCPHERSON (filed 11/3/08)
  • DEFENDANTS' OBJECTION TO MOTION TO OBTAIN PRIORITY CASE STATUS (filed 11/3/08)
  • NOTICE OF HEARING Event: NOTICE OF HEARING Date: 11/03/2008 Time: 11:00 am (filed 11/3/08)
  • ARTICLE FROM MIAMI HERALD (filed 11/3/08)
  • AFFIDAVIT OF JAMES ROWLEY (filed 11/3/08)
  • COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (filed 11/3/08)
  • DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR EXPEDITED DECLARATORY RELIEF AND RESERVATION OF RIGHTS (filed 11/3/08)
  • AFFIDAVIT OF CHARLES T. GREEN (filed 11/3/08)
  • NOTICE OF FILING AFFIDAVIT OF CHARLES T. GREEN (filed 11/3/08)

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The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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