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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

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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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.”

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Info & Analysis

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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