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Election Law @ Moritz

Election Law @ Moritz


Litigation

Van Hollen v. Government Accountability Board

Case Information

Date Filed / Ended: September 10, 2008 / January 23, 2009
State: Wisconsin
Issues: Voter Registration, State Voter Registration Databases
Courts that Heard this Case: Dane County Circuit Court (Case 2008CV004085); Wisconsin Court of Appeals (Case 2008AP002804)

Issue:

Whether the Wisconsin Government Accountability Board (GAB) has met its obligations to bring Wisconsin into compliance with state and federal election laws, including the Help America Vote Act (HAVA).  Specifically, the Attorney General is seeking to require that the GAB run HAVA checks on voter registrations received prior to August 6, 2008.

DISCLOSURE

Status:

Case dismissed by trial court on 10/23/08.  Appeal filed with the Wisconsin Court of Appeals on 11/12/08 (noticed filed in circuit court on 11/7/08). Opinion/Decision that Appeal is Dismissed Pursuan to Rule 809.18 entered on 1/23/09.

Court of Appeals Documents

  • Notice of Appeal & Court Record (filed 11/12/08)
  • ORD that the time for the clerk to transmit the record on appeal is extended to December 29, 2008 (entered 12/10/08)
  • Notice of Voluntary Dismissal Filed (filed 1/21/09)
  • Opinion/Decision that the appeal is dismissed pursuant to Rule 809.18 (entered 1/23/09)
  • Remittitur (entered 1/23/09)

Circuit Court Documents

Related Information

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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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.

more info & analysis...