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Election Law @ Moritz

Election Law @ Moritz

Free & Fair

Serious Issues Surface in Maryland

As polling shows tightening of the state’s gubernatorial and U.S. Senate races, three new developments have occurred recently, compounding concerns raised by the problems that plagued the state’s September primary. First, the Washington Post reports that the Republican Party has told its poll watchers that their “most important duty” is to challenge individuals they believe ineligible, a move that Democrats and other observers say is a “voter suppression” effort. Second, the Baltimore Sun reports that at least ten poll workers received an apparently fraudulent phone call telling them that they had been reassigned to a different precinct, a scheme that if effective could prevent polling places from opening on time. Third, there have been widespread reports of shortages of available absentee ballots, a problem that might prompt a civil rights suit according to at least one account. These controversies and others that might emerge could serve as a predicate for attempting to contest a close vote.

Edward B. Foley is Director of the Election Law @ Moritz program. His primary area of current research concerns the resolution of disputed elections. Having published several law journal articles on this topic, he is currently writing a book on the history of disputed elections in the United States. He is also serving as Reporter for the American Law Institute's new Election Law project. Professor Foley's "Free & Fair" is a collection of his writings that he has penned for Election Law @ Moritz. View Complete Profile


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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