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Election Law @ Moritz

Election Law @ Moritz


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)


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.


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


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

Election Law Expert: Rigged Election 'Extraordinarily Unlikely'

Professor Edward Foley appeared on NPR’s Morning Edition to discuss the historical context of rigged elections and the unlikeliness that the general election will be tampered with this year.

“That state would have had to have been targeted ahead of time for rigging, and the attempt to rig it would have to go undetected. That's a lot to happen systematically and under the radar screen,” Foley said. “The new phenomenon is the risk of a cyberattack, and again, I think the risk of that is very low — as long as the voting machines are not hooked up to the Internet, and most states — as I understand it — most states do not hook up their vote-tabulating equipment to the Internet.”

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...