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Election Law @ Moritz

Election Law @ Moritz


Litigation

Moyer v. Cortes

Case Information

Date Filed / Ended: October 17, 2008 / December 24, 2008
State: Pennsylvania
Issues: Voter Registration, Voter Fraud
Courts that Heard this Case: Commonwealth Court of Pennsylvania (Case 497 MD 2008)

Issue:

Whether the Secretary of State of Pennsylvania must require first time registrants to show ID before voting and whether the Secretary must provide access to voter registration information to local officials so that they can ensure the fairness of the election.

Status:

Complaint, Motion for Preliminary Injunction, and Motion to Expedite Discovery were filed on 10/17/08.  Motion to Expedite Discovery was denied on 10/24/08.  Application for special injunction was denied on 10/30/08. Notice of discontinuance entered 12/24/08.

Commonwealth Court Documents

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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

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 Affirms District Court: NC Redistricting Unconstitutional

In a 5-3 decision, the U.S. Supreme Court affirmed the decision of the District Court, finding that North Carolina\'s Congressional redistricting plan violated the U.S. Constitution. The Court determined that racial considerations unlawfully predominated the designing of the contested districts. The case is Cooper v. Harris.

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