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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

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...