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Election Law @ Moritz

Election Law @ Moritz


Latest Information & Analysis   

U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

Nov. 2 (4:00 PM) - Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

Sixth Circuit Orders that Votes of Purged Ohio Voters Will Count in Midterms

Oct. 31 (3:30 PM) - A divided panel of Sixth Circuit judges granted the plaintiffs\' emergency motion, ruling that county boards of elections must count provisional ballots cast by voters who had been purged from the voter rolls for not voting during a 6-year period. The decision temporarily blocks a lower court ruling that the purges were legal. The state indicated that it will not appeal the Sixth Circuit decision. The case is Ohio A. Philip Randolph Institute v. Husted.

District Judge Rules in Favor of State in Ohio Voter Registration Case

Oct. 11 (1:30 PM) - Ruling on forms used by the state of Ohio to remove inactive voters from the voter rolls, U.S. District Judge George Smith found one minor violation of the National Voter Registration Act, but otherwise ruled that the forms did not violate federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

Federal Court Finds Partisan Gerrymandering in North Carolina

Aug. 28 (8:45 AM) - On remand from the U.S. Supreme Court, a divided three-judge court in the Middle District of North Carolina found a Congressional redistricting plan to be an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

Supreme Court Upholds Most Texas Districts in Racial Gerrymandering Case

Jun. 25 (12:30 PM) - In a 5-4 decision that reversed the ruling of the District Court, the U.S. Supreme Court determined that the drawing of most of the disputed Texas districts did not violate the Constitution or the Voting Rights Act. The case is Abbott v. Perez.

Supreme Court Sends NC Gerrymandering Case Back for Further Consideration

Jun. 25 (11:30 AM) - In a North Carolina gerrymandering case, the U.S. Supreme Court summarily vacated the judgment of the District Court and remanded the case for additional consideration in light of the Court\'s recent opinion of Gill v. Whitford. The case is Rucho v. Common Cause.

Supreme Court Decides Wisconsin and Maryland Gerrymandering Cases on Procedural Grounds

Jun. 18 (11:40 AM) - In opinions issued today, the U.S. Supreme Court decided two gerrymandering cases on procedural grounds. In an opinion in the Wisconsin case of Gill v. Whitford, the Court found that the plaintiffs did not have standing to challenge the legislature\'s redistricting plan. In an opinion in the Maryland case of Benisek v. Lamone, the Court determined that the District Court was within its discretion in denying preliminary relief to the plaintiffs challenging the legislature\'s redistricting plan.

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Recount Resources

Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.

Swing State Focus

Media Hotline: (614) 292-0283

Commentary

Steven F. Huefner

The Perils of Voting by Mail

Steven F. Huefner

Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.

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EL@M 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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Current Litigation

Gill v. Whitford

State: Wisconsin
Issue: Whether Wisconsin's redistricting plan violates the Equal Protection Clause of the 14th Amendment, the First Amendment right to freedom of association, and plaintiffs' civil rights under 42 U.S.C. 1982 and 1988.

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