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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Ray v. State of Texas

Case Information

Date Filed / Ended: September 21, 2006 / November 4, 2006
State: Texas
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Eastern District of Texas (Case 2:06-cv-00385-TJW); U.S. Court of Appeals, 5th Circuit (Case 06-41573); United States Supreme Court (Case 06A466)

Issue:

Whether the challenged provisions of the Texas Election Code, which place limits on possession and delivery of absentee ballots by third parties, on unconstitutional on grounds that the provisions substantially burden the fundamental right to vote, violate due process, and violate equal protection of the law.

Status:

Preliminary injunction granted 10/31/06. Defendants have filed a motion to stay the order with the 5th Circuit 11/01/06. Motion to Stay Granted 11/3/06. U.S. Supreme Court has denied the application to vacate the 5th Circuit's stay 11/4/06. 5th Circuit entered an opinion vacating the preliminary injunction and remanding the case to the Eastern District of Texas (1/9/08). Amended complaint filed 2/7/08. Both sides filed for summary judgment on 6/12/08. A settlement was reached and a dismissal order was entered on 6/20/08.  Opinion filed 8/7/08 granting judgment for the defendant.

District Court Documents

Court of Appeals Documents

Supreme Court Documents

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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In the News

Edward B. Foley

Columbus City Council Will See Some Reforms, But Not For Another Six Years

Professor Edward Foley was quoted in WOSU about changes to Columbus City Council that will stem from the passage of Issue 3.

 

“In a city where one political party is dominant, it makes sense to think about the citizen's commission to take it out of the hands of the politicians,” Foley said. “Because if you leave it in the hands of the politicians, it’s hard to get balance between the two parties.”


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Info & Analysis

Supreme Court Decides Wisconsin and Maryland Gerrymandering Cases on Procedural Grounds

In opinions issued today, the U.S. Supreme Court decided two gerrymandering cases on procedural grounds. In an opinion in the Wisconsin case of Gill v. Whitford, the Court found that the plaintiffs did not have standing to challenge the legislature\'s redistricting plan. In an opinion in the Maryland case of Benisek v. Lamone, the Court determined that the District Court was within its discretion in denying preliminary relief to the plaintiffs challenging the legislature\'s redistricting plan.

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