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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Texas Democratic Party v. Abbot

Case Information

Date Filed: April 7, 2020
State: Texas
Issue: Improper Election Administration
Current Court: United States District Court For The Western District of Texas (Case 5:20-cv-00438-FB)

Issue:

 Plaintiffs alledge that for Texas to hold an election under these conditions as if everything was normal would amount to discriminatory action barred by the Voting Rights Act, the 14th Amendment, the 15th Amendment, and the 26th Amendment.  

Status:

 Complaint filed 4/07/20. 

District Court Documents

  • Complaint pdf file (4/7/20)
  • Exhibit A pdf file (4/7/20)
  • Exhibit B pdf file (4/7/20)
  • Amended Complaint pdf file (4/29/20)
  • MOTION for Preliminary Injunction pdf file (4/29/20)
  • Exhibit 1 State Court Hearing Record pdf file (4/29/20)
  • Exhibit 2 OAG Press Release pdf file (4/29/20)
  • Exhibit 3 State of Texas Plea To The Injunction pdf file (4/29/20)
  • Exhibit 4 Court Order on TI pdf file (4/29/20)
  • Exhibit 5 Proposed Order pdf file (4/29/20)
  • Motion to Intervene by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens pdf file (5/11/20)
  • Exhibit # 1 Proposed Order pdf file (5/11/20)
  • Exhibit # 2 Intervenors Complaint pdf file (5/11/20)
  • Response to Motion to Intervene filed by Movant League of United Latin American Citizens (LULAC), Movant Texas League of United Latin American Citizens pdf file (5/12/20)
  • Exhibit # 1 Proposed Order pdf file (5/12/20)
  • Response to Motion for Preliminary Injunction filed by Plaintiff pdf file (5/12/20)
  • Exhibit A pdf file (5/12/20)
  • Exhibit B pdf file (5/12/20)
  • Exhibit C pdf file (5/12/20)
  • Exhibit D pdf file (5/12/20)
  • Proposed Order pdf file (5/12/20)
  • Republican Party Brief Amicus Curie in Opposition, regarding Plaintiff's Motion for Preliminary Injunction pdf file (5/13/20)
  • 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.

    more commentary...

    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. 


    more EL@M in the news...

    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.

    more info & analysis...