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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

10th Circuit Affirms in Part, Reverses in Part, in Colorado Secret Ballot Case

The 10th Circuit U.S. Court of Appeals issued an opinion affirming the District Court's dismissal of claims alleging violations of substantive due process, the right to vote, and the right to free speech. Plaintiffs had sued Colorado's Secretary of State over the use of traceable ballots giving election officials the theoretical ability to learn how individuals voted. The court remanded claims regarding procedural due process and equal protection. The case is Citizen Center v. Gessler.


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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