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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Priorities USA v. Benson

Case Information

Date Filed: October 30, 2019
State: Michigan
Issue: Absentee Ballots
Current Court: United States District Court for the Eastern District of Michigan (Case 19-cv-13188)

Issue:

Case concerns a constitutional challenge to Michigan's signature match laws, which require election officials to reject absentee applications and ballots if they determine that the signature provided with the applications or ballots does not match the voter's signature on file with election authorities.

Status:

Complaint Filed 10/30/19. Amended Complaint 12/30/19. Motion To Dismiss Amended Complaint 1/13/20. Response to Motion to Dismiss 2/3/20. Order Denying Motion To Dismiss Amended Complaint 3/24/20. Answer to ameded complaint with affirmative defenses 4/17/20. Motion to dismiss 4/21/20. Stipulated order dismissing case without prejudice 5/8/20. 

District Court Documents

  • Complaint For Declaratory And Injunctive Relief pdf file (10/30/19)
  • The Michigan Senate And Michigan House Of Representatives' Motion To Intervene pdf file (11/27/19)
  • Exhibit 1 pdf file (11/27/19)
  • Plaintiff's Response To Motion To Intervene pdf file (12/11/19)
  • Defendant's Motion To Intervene pdf file (12/12/19)
  • Reply In Support of The Michigan Senate And Michigan House Of Representatives' Motion To Intervene pdf file (12/18/19)
  • Amended Complaint For Declaratory And Injunctive Relief pdf file (12/30/19)
  • Defendant's Motion To Dismiss Amended Complaint pdf file (1/13/20)
  • Plaintiffs' Response To Motion To Dismiss Amended Complaint pdf file (2/3/20)
  • Plaintiffs' Motion For Preliminary Injunction pdf file (2/25/20)
  • Opinion And Order Denying Defendant's Motion To Dismiss And Granting Motion To Intervene pdf file (3/24/20)
  • Answer To Amended Complaint With Affirmative Defenses By Jocelyn Benson pdf file (4/7/20)
  • Response To 22 Motion For Preliminary Injunction Filed By Jocelyn Benson pdf file (4/7/20)
  • Exhibit A. Declaration Of Jonathan Brater) pdf file (4/7/20)
  • Answer To Amended Complaint With Affirmative Defenses By Michigan House Of Representatives, Michigan Senate pdf file (4/17/20)
  • Motion To Dismiss By Marissa Accardo, Priorities USA pdf file (4/21/20)
  • Exhibit A-Plaintiffs' First Set Of Interrogatories pdf file (4/21/20)
  • Exhibit B-Plaintiffs' First Request For Production pdf file (4/21/20)
  • Exhibit C-Declaration Of Jonathan Brater pdf file (4/21/20)
  • Stipulated Order Dismissing Case Without Prejudice pdf file (5/8/20)
  • # 1 Exhibit Emails pdf file (5/8/20)
  • 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...