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Election Law @ Moritz

Election Law @ Moritz


Litigation

Schoettle v. Marion County Board of elections

Case Information

Date Filed: October 29, 2008
State: Indiana
Issues: Absentee Ballots, Improper Election Administration
Courts that Heard this Case: Marion County Circuit Court (Case 49C01 08 10 PL 049131); Indiana Court of Appeals (Case 49A05-0810-CV-637); Indiana Supreme Court (Case )

Issue:

Whether the Marion County Board of Election may count challenged absentee ballots on Tuesday or whether the challenged ballots can counted later with the provisional ballots after additional scrutiny. 

Status:

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Circuit Court issued order on 10/31/08 preventing challenged absentee ballots from being counted until later in the week.  The Court of Appeals issued a stay of this order pending an appeal.  The Indiana Supreme Court  reinstated the trial court's order on 11/3/08.   

Indiana Supreme Court Documents

Court of Appeals Documents

Circuit Court Documents

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

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White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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