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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

The Electoral Fix We Really Need

Edward B. Foley

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

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

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