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Election Law @ Moritz

Election Law @ Moritz


Litigation

South Carolina Green Party v. South Carolina State Election Commission

Case Information

Date Filed: August 7, 2008
State: South Carolina
Issue: Ballot Access
Courts that Heard this Case: U.S. District for District of South Carolina (Case 3:08-cv-02790)

Issue:

Whether South Carolina law, which provides that a candidate that seeks a nomination from multiple parties will be banned from appearing on the ballot if any one of those parties rejects his candidacy, violates the U.S. Constitution. 

Status:

Complaint and Motion for Preliminary Injunction filed 8/7/08.  Motion to Intervene filed by the Charleston County Democratic Party on 8/22/08.  Response to Motion for Prelminary Injunction filed 8/25/08.  Answer filed on 8/28/08.

Court Documents

Commentary

Edward B. Foley

North Carolina’s disputed race for governor: historical context

Edward B. Foley

Federal courts have a power to protect voting rights that they lacked until recently.

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In the News

Daniel P. Tokaji

Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

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Info & Analysis

Divided District Court Panel Finds Wisconsin Assembly Districts Unconstitutionally Drawn

In a 2-1 opinion, a District Court panel determined that the redistricting plan enacted by the Wisconsin legislature in 2011 was an unconstitutional partisan gerrymander. The court deferred its ruling as to a remedy, ordering further briefing by the parties. The case is Whitford v. Nichol.

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