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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

California absentee ballot story a cause for worry? Maybe, maybe not

News comes from San Jose that less than 40% of absentee ballots requested in California have been returned, as of early Monday afternoon. This is just one example of why Charles Stewart has previously written that California is one of the states to watch today, and why it’s going to take a long time to get a final count of the vote. One thing to keep in mind, which is not mentioned in the Mercury News report, is that California has “permanent absentee voting,” which is associated with a low return rate of absentee ballots to begin with. According to data released by the EAC, for instance, in 2008 19% of mail ballots in California that were sent out were not returned by the voters. So, it’s not quite clear what to make of a non-return rate of 40% in a midterm election.


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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