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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

In re Mondello

Case Information

Date Filed / Ended: March 31, 2009 / April 15, 2009
State: New York
Issue: Election Contest
Courts that Heard this Case: New York Supreme Court (Dutchess County) (Case 002254/2009)

Issue:

Whether irregularities and close margin for the special election requires oversight by the court for counting and recounting votes, including those cast by absentee ballots.

Status:

Verified Petition and Order to Show Cause filed 3/31. Order requiring counting of absentee ballots to begin April 8 entered 4/6.  Decision and order entered 4/15.

Court Documents

Related Articles

In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

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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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

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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