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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Update: New Jersey emergency ballot access petition

EL@M continues to follow the developing New Jersey ballot-access litigation. The ACLU of New Jersey this morning filed an oral emergency petition seeking extended ballot access and appeared before an Essex County Superior Court judge at 11:45 a.m.  The hearing was put on hold when the ACLU got word the state would issue a new directive concerning ballot access.  The ACLU argues the directive issued today fails sufficiently to protect the right to vote of those displaced by Hurricane Sandy.  Another hearing before the judge was set to take place at 4:20 pm. According to reports from the ACLU of New Jersey, attorneys are still before the Essex County Superior Court at the time of this post.      


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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