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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

Commentary

Edward B. Foley

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...