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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


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)


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.


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


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

A post-Thanksgiving presidential concession speech?

Professor Edward Foley was quoted in McClatchy DC in an article about how long it could take Donald Trump to concede the election, if he loses.

“There’s never a winner or loser on election night, it’s only as a matter of law at the time of certification,” Foley said.

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...