Recent Opinion Articles
- Uncounted Ballots: A Measure of Vulnerability
Edward B. Foley, November 5 - Election Commissions and Supreme Courts
Edward B. Foley, October 20 - Line-drawing after Overruling Austin
Edward B. Foley, September 9 - Citizens United, Stare Decisis, and Democracy
Edward B. Foley, July 31 - Impressive Unanimity: the Historical Significance of Coleman v. Franken
Edward B. Foley, June 30
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Topic-by-Topic Coverage (Election Contest)
Coverage by State | Coverage by Topic
News and Analysis
May, 2009
- Coleman Files Reply Brief (5/15/09)
April, 2009
- Tedisco Concedes in NY 20 (4/27/09)
- NY-20 update - Tedisco challenges Gillibrand's ballot (4/16/09)
- Minnesota contest - possible next steps (4/14/09)
- NY-20 congressional race: absentee ballots to be counted tomorrow (4/07/09)
- MN: Additional Absentees Extend Franken's Lead (4/07/09)
- Vote-counting today in Minnesota contest courtroom (4/07/09)
- NY-20 congressional race tied for now (4/06/09)
- Minnesota U.S. Senate contest - Summarizing video (4/06/09)
- Minnesota Senate race - analyses and comments (4/01/09)
- New York special congressional election candidates separated by 65 votes (4/01/09)
March, 2009
- New orders in the Minnesota U.S. Senate contest (3/31/09)
- No news yet in the Minnesota Senate contest (3/20/09)
- Final arguments concluded in the Minnesota U.S. Senate contest (3/13/09)
- Minnesota Senate contest - Franken to provisionally rest case tomorrow (3/11/09)
- What will happen to the 89 ballots whose envelopes contained valid registration forms? (3/09/09)
- Minnesota Senate contest - 80 registration forms found out of 1500 secrecy envelopes (3/09/09)
- Minnesota contest court hears arguments over Franken's motion to dismiss (3/06/09)
- Minnesota Senate contest - Two Minn. Sup. Ct. decisions, Coleman's response to motion to dismiss, contest court motions hearing (3/06/09)
- Minnesota Senate contest update (3/05/09)
February, 2009
- Book review of From Registration to Recounts published in Election Law Journal (2/26/09)
- Confusion over ballot envelopes from St. Louis County (2/26/09)
- Contest court grants Franken's motion in limine (2/26/09)
- Coleman seeks to vacate another order, Franken opposes uncounting ballots (2/26/09)
- Minnesota contest court vacates yesterday’s order striking testimony, will allow witness to finish testifying (2/26/09)
- Minnesota contest - Coleman's injunction denied, hearing on Franken's motion in limine, looking ahead to appeals and issuance of election certificate (2/25/09)
- Minnesota contest - Franken amends answer and counterclaims, state elections director testifies (2/24/09)
- Minnesota election contest - Franken challenges found votes, Coleman may be done by end of week (2/24/09)
- Minnesota election contest - Class certification denied, Franken's motion for summary judgment granted in part, denied in part (2/23/09)
- Coleman seeks to apply Feb. 13 order to all 290,000+ absentee ballots (2/23/09)
- Coleman seeks temporary injunction against commingling the 933 (2/20/09)
- Contest court grants Franken's motion to exclude Coleman's witness (2/18/09)
- Minnestoa contest continues; Franken submits memo opposing Coleman's offer of proof (2/18/09)
- Minnesota contest court denies Coleman's request for reconsideration of its order (2/18/09)
- Coleman side wants court to reconsider Friday's order on the 19 categories (2/17/09)
- Minnesota election contest update (2/16/09)
- Order issued by 3-judge panel in Minnesota Senate contest (2/13/09)
- MN Senate contest - big hearing today on categories of rejected absentee ballots (2/12/09)
- Dakota County official still on stand in Minnesota contest (2/11/09)
- Minnesota election contest - hearing Thursday on categories of absentee ballots (2/11/09)
- Coleman and Franken disagree about admissibility of testimony (2/10/09)
- MN Contest Court: Count 23 More Absentees (2/10/09)
- Day 9 of Minnesota election contest trial ends (2/05/09)
- Coleman and Franken attorneys argue before MN Supreme Court over election certificate (2/05/09)
- Hearing tomorrow in Franken's case seeking election certificate (2/04/09)
- New comment by Edward Foley on yesterday's two Minnesota contest rulings (2/04/09)
- MN contest court rules on Franken’s motion in limine at the end of Day 7 (2/03/09)
- MN election contest – 933 absentee ballots already counted need not be revisited (2/03/09)
- Day 6 of Minnesota election contest trial complete (2/02/09)
January, 2009
- Day 3 of MN U.S. Senate trial complete (1/28/09)
- Day 2 of the MN U.S. Senate trial complete (1/27/09)
- What is happening today in the MN U.S. Senate trial? (1/27/09)
- MN Senate race - Day 1 of the trial complete (1/26/09)
- MN Senate election contest trial begins Monday (1/23/09)
- MN Senate race - motions denied, pre-trial hearing happening now (1/23/09)
- MPR seeks opinions of election law professionals (1/22/09)
- Coleman and Franken argue motion to dismiss (1/21/09)
- Hearing on motion to dismiss today at 2:30 CT (1/21/09)
- MN Senate race - Hearing Jan. 21 on motion to dismiss contest (1/16/09)
- Franken submits alternative trial schedule (1/16/09)
- Hearing scheduled, Coleman intervenes in Franken's suit for election certificate (1/14/09)
- Coleman prioritizes contest issues and Republican voters file new lawsuit over duplicates (1/14/09)
- Franken answer in contest and lawyers group responds to DFL complaint (1/13/09)
- Voters file suit in Minnesota challenging rejection of their ballots (1/13/09)
- Franken goes to MN Sup. Ct. seeking election certificate (1/13/09)
- Franken campaign files motion to dismiss contest (1/13/09)
- Justice Page appoints 3-judge panel to hear MN Senate election contest (1/12/09)
- MN Senate race: contest panel not yet appointed (1/09/09)
- MN Contest Court: Justice Alan Page to Appoint (1/07/09)
- Minnesota contest - Coleman injunction denied, hearing on Franken's motion in limine and looking ahead to appeals and issuance of certificate (1/01/09)
- NY-20 congresisonal race now tied (1/01/09)
November, 2008
- Ballot chain of custody an issue in Minnesota Senate race (11/10/08)
- First Lawsuit over Minnesota U.S. Senate Result (11/08/08)
- Senate race in MN: the recount process (11/05/08)
Commentary
2009
- Uncounted Ballots: A Measure of Vulnerability (11/05/09)
- Election Commissions and Supreme Courts (10/20/09)
- The Rhetoric of a "Stolen" Election (7/01/09)
- Impressive Unanimity: the Historical Significance of Coleman v. Franken (6/30/09)
- Conscientious Judging on Display (6/01/09)
- Factual Points and Uncertainties Relevant to the Coleman v. Franken Appeal (5/14/09)
- State Law Issues Loom Large in Coleman v. Franken Appeal (5/05/09)
- Speculations about Equal Protection: The Difficulties of Principled Line-Drawing (4/21/09)
- Situation Normal: Election Too Close to Call (4/01/09)
- Unsurprising Ruling Does Not End Minnesota Senate Case (3/31/09)
- The Original Bush v. Gore: An Historical Perspective on Disputed Elections (3/19/09)
- Reluctance to Void Elections - Some Memorable Cases (3/17/09)
- What has to happen to unring this Bell? (3/11/09)
- Un-counting votes in Minnesota’s U.S. Senate race (3/02/09)
- Coin-flipping: Is it a good idea? (2/25/09)
- An Extra “Equal Protection” Thought: Local Policy or Local Mistakes? (2/19/09)
- A Victory for the Rule of Law (2/16/09)
- Minnesota Law and Federal Equal Protection (2/12/09)
- In the Coleman-Franken Contest, the Three-Judge Court Will Now Be Tested (2/12/09)
- Understanding Yesterday’s Rulings in Coleman v. Franken (2/04/09)
- MN Contest Court Off to a Good Start (1/22/09)
- MN Analysis: Allegations of Double-Counted Duplicates (1/15/09)
- Electoral Reforms Must Include New Endgame (1/15/09)
- Analysis of Coleman Claim Re: Uninitialed Ballots (1/12/09)
- Who Will Judge the Minnesota Contest? (1/07/09)
2008
- In '62, Minnesota set the recount standard (11/18/08)
- Waiting for a Presidential Winner: The Lessons of 1884 and 1916 (10/29/08)
- Unanimous Decision in McCain v. Obama (hypothetical) (10/28/08)
- The Need for a Structurally Nonpartisan Tribunal (10/15/08)
News Stories
August, 2009
- Election challenge sent to attorney general (8/29/09)
- Douglas County Elections Board issues statement on election allegations (8/29/09)
- Rosamond seeks judicial review of Canton Ward 1 election (8/17/09)
July, 2009
June, 2009
- Settlement made in Ohio lawsuit from 2004 election (6/16/09)
- Indiana: Legal Fight in 2007 Mayoral Race Ends (6/02/09)
May, 2009
- Darryl Buchanan asks for recount after computer glitch in close Flint mayoral primary vote (5/07/09)
- Levin will seek full recount in Rock Island mayoral race (5/05/09)
April, 2009
- Gerry Goldsmith to appeal mayoral election ruling to state court (4/27/09)
- Tedisco concedes in tight House race in 20th (4/25/09)
- Tedisco concedes to Murphy (4/24/09)
- Tedisco wins ruling, but is it enough? (4/23/09)
- Absentee ballots reviewed in 20th District race (4/23/09)
- Votes being challenged in 20th district race (4/22/09)
- Murphy's lead in House race widens to 365 votes (4/22/09)
- Result still unknown in 20th race (4/21/09)
- 20th District challenged ballots to go to state board of elections (4/20/09)
- Tedisco sues to determine validity of absentee ballots (4/19/09)
- Ballot battle continues (4/16/09)
- GOP Challenges Gillibrand's Ballot in Race to Fill Her House Seat (4/15/09)
- Tedisco Rally Cuts Murphy’s Lead In Half (4/15/09)
- Senator’s Ballot in Upstate Race Disputed (4/14/09)
March, 2009
February, 2009
January, 2009
- Disputed Election Resolved (1/27/09)
- Were Votes Counted Twice? Maybe (1/22/09)
- Media Asks For Access In Coleman-Franken Recount Trial (1/16/09)
- Judges panel may schedule lawsuit (1/15/09)
- Frustrated voters turn to courts (1/15/09)
December, 2008
- Defeated judicial candidate sues Broward elections chief (12/29/08)
- Election lawsuit payouts reach $1 million (12/16/08)
- Board reviews challenged ballots (12/16/08)
- A nasty bug emerges in the state election system (12/15/08)
- Coleman asks court to intervene in rejected absentee ballot count (12/13/08)
- Democrats back off in voting dispute; (12/09/08)
- Coleman-Franken recount: Franken withdraws more challenges, expresses concern on ‘fifth pile’ (12/08/08)
- English-only election allowed to proceed (12/04/08)
- Dallas County Hires Outside Attorneys for Recount Lawsuit (12/02/08)
November, 2008
- With big stakes, U.S. Senate could decide Coleman-Franken race (11/29/08)
- Franken loses Minn. absentee ballot appeal (11/26/08)
- Election lawsuits examined (11/23/08)
- State calls for revote (11/12/08)
- Franken's deficit: 239 votes (11/07/08)
- At the Polls: Lines and Lawsuits (11/04/08)
- Courts, lawyers expect busy day (11/03/08)
- In this state's election, it's about voters, lawyers (11/01/08)
October, 2008
- Lawyers eye Missouri on Tuesday (10/31/08)
- Both parties gear up for potential legal challenges as voting begins (10/31/08)
- Rising Tide of Suits Filed in Search of Political Edge (10/30/08)
- Legal battles loom over elections (10/30/08)
- Is Ohio doomed to ballot battles? (10/26/08)
- R.I. Supreme Court affirms Pinga as winner (10/16/08)
- Department of Labor sues Local 150 (10/03/08)
- State Supreme Court orders recount in disputed West Warwick primary race (10/02/08)
- Herndon files defamation lawsuit to find mailer's author (10/01/08)
September, 2008
- Definition of recount an issue to be decided in Wennet case (9/26/08)
- Editorial: Judge should dismiss lawsuit over 'GOP' listing (9/26/08)
- Jennings requests records (9/24/08)
- Update on Cedar Bluff Election Lawsuit (9/10/08)
- Candidate challenges mayor vote (9/04/08)
- Much has changed in Wash. elections since 2004 (9/04/08)
- Candidate's voter registration confirmation undeliverable (9/04/08)
August, 2008
- Circuit Court race headed for manual recount (8/30/08)
- Two election losers challenge crossover voting (8/14/08)
- Tennessee primary remains in limbo (8/08/08)
- Editorial: Ruling by judge should put a end to groundless election contest (8/04/08)
- Appeals court sides with Gatlinburg in election contest (8/01/08)
July, 2008
- Testimony Resumes in Ballot Dispute Lawsuit (7/29/08)
- Judge Hears Ballot Dispute (7/28/08)
- Jackson BOC member files complaint against candidate; early voting begins Mon. for runoff races (7/24/08)
- State keeps watch on election (7/23/08)
- Brunner decides Summit tie votes (7/19/08)
- Op-Ed: Late legal hassle confuses a vote (7/17/08)
- Supervisor candidate files official election contest (7/17/08)
- Primary challenge cost about $120,000 (7/17/08)
- Op-Ed: Fingerpointing not the answer to broken electoral system (7/16/08)
January, 2008
Litigation
Active Cases
There are no active cases on Election Contest that Election Law @ Moritz is covering at this time.
Archived Cases
- Abramson v. Florida Elections Canvassing Commision (Florida)
- Franken v. Pawlenty (Minnesota)
- In re Mondello (New York)
- Moss et al. v. Bush et al. (Ohio)
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