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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Texas Democratic Party v. Dallas County

Case Information

Date Filed: December 1, 2008
State: Texas
Issues: Voting Rights Act, Voting Technology, Recount Resources
Courts that Heard this Case: U.S. District Court for the Northern District of Texas (Case 3:08-cv-02117); U.S. Supreme Court (Case 10-1183)

Issue:

Whether problems with voting machine technology will trigger a manual recount under Texas election law.

Status:

Final Judgment entered 1/7/11.  Notice of Appeal to U.S. Supreme Court filed 1/24/11.  Letter Assigning U.S. Supreme Court Case No. 10-1183 entered 4/4/11. SCOTUS Vacated judgment and remanded to District Court on 10/3/11.

District Court Documents

Supreme Court Documents

  • Statement as to Jurisdiction (filed 3/25/2011)
  • Waiver of Right of Appellee Texas Democratic Party to respond (filed 4/27/11)
  • Distributed for Conference of May 26, 2011 (entered 5/10/11)
  • Response Requested (entered 5/21/11)
  • Motion to Dismiss or Affirm by Appellee Texas Democratic Party (filed 6/22/2011)
  • Distributed for Conference of September 26, 2011 (entered 7/6/11)
  • Judgment Vacated and Remanded to US District Court for the Northern District of Texas (entered 10/3/11)

 

Commentary

Edward B. Foley

Of X-Rays, CT Scans, and Gerrymanders

Edward B. Foley

Progress in the detection of malignant redistricting.

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In the News

Edward B. Foley

Ranked-choice voting: A better way or chaos?

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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