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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

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

more info & analysis...