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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

CA-4: 29,000 Ballots Remain to be Counted

In California's 4th US Congressional District, where Tom McClintock (R) leads Charlie Brown (D) by 562 votes, 29,000 ballots remain to be counted, about 8,000 of them provisional.  After changes in state law, California no longer has automatic recounts, but any voter (including candidates) may obtain a recount by filing a proper request within 5 days of the election.  Cal.Elec.Code 15620.

Commentary

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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