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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Banfield v. Cortes

Case Information

Date Filed / Ended: August 15, 2006 / April 4, 2008
State: Pennsylvania
Issue: Voting Technology
Courts that Heard this Case: Commonwealth Court of Pennsylvania (Case No. 442 MD 2006); Pennsylvania Supreme Court (Case No. 70 MM 2007); Pennsylvania Supreme Court (Case No. 83 MAP 2013)

Issue:

Whether Pennsylvania’s use of DREs (direct recording electronic voting machines) violates Pennsylvania or federal law; whether the Secretary of the Commonwealth is required to re-examine the electronic voting system at request of electors.

Status:

Motions for Summary Judgment filed 8/8/11 by both Petitioner and Respondent. Opinion denying petitioners' motion for partial summary judgment issued 8/29/12. Status Conference scheduled for 1/29/13. Counts 1, 4, 5, and 6 dismissed on 1/29/13. Memorandum and opinion filed 10/1/13. Notice of Appeal filed 10/11/13. Notice of Judgment in favor of respondent filed 10/15/14. Appellant's Brief filed in Supreme Court on 1/6/14. Appellee's Brief filed 2/10/14. Appellant's Reply Brief filed 2/24/14. Pennsylvania Supreme Court oral argument held 9/10/14. Opinion affirming Commonwealth Court filed 2/18/15.

Pennsylvania Supreme Court Documents

Commonwealth Court Documents

Related Links

Related News Articles

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.

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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.

more info & analysis...