OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

League of Women Voters of New Mexico v. Herrera

Case Information

Date Filed: October 23, 2008
State: New Mexico
Issue: Improper Election Administration
Courts that Heard this Case: New Mexico Supreme Court (Case 31,386)

Issue:

The issue in this case is what constitutes a legal vote in the State of New Mexico and whether official are allowed to discern the intent of voters even when the ballot is marked improperly.

Status:

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Emergency Petition for Writ of Mandamus filed on 10/23/08.  Response due on 10/29/08.  Writ of Mandamus granted on 10/30/08.

New Mexico Supreme Court Documents

Related Links

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

U.S. District Judge Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

more info & analysis...