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Election Law @ Moritz

Information & Analysis

NJ petition seeks extended ballot access

According to reports  (here, here, and here), the ACLU of New Jersey earlier today filed an emergency petition with that state’s Superior Court on behalf of voters who applied to election officials by e-mail or fax machine for access to a ballot and had not received a response today. The ACLU sought a court order allowing people to vote through the Federal Voting Assistance Program, which provides absentee ballots to residents living overseas or members of the armed services. The ACLU argues the new directive issued today fails sufficiently to protect the right to vote of those seeking greater access in the wake of Hurricane Sandy.

The emergency petition was filed in Superior Court in Essex County, New Jersey, but the ACLU indicated it would pursue a statewide remedy. Earlier indicated that numerous New Jersey voters who tried to email or fax to request a ballot received no reply today or were told they couldn't be processed. This is a rapidly developing story that Election Law @ Moritz will continue to follow closely.


Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.


"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 

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Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

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