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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Abstention in Alaska

The federal court in Alaska has put certification of the U.S. Senate election on hold until state courts address whether Miller has a valid basis for contesting Murkowski's apparent victory.  The case could go back to federal court if its disposition in state court raises tenable constitutional questions, but as a practical matter there seems little likelihood that either a state or federal court would end up nullfying the outcome of this election given the number of ballots for Murkowski that Miller is not challenging.  More information on Miller v. Lieutenant Governor Craig Campbell is available on our Major Pending Cases page for this case.


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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