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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Citizen Center v. Gessler

Case Information

Date Filed: February 13, 2012
State: Colorado
Issues: Improper Election Administration, Voting Technology
Courts that Heard this Case: U.S. District Court for the District of Colorado (Case 1:12-cv-00370); United States 10th Circuit Court of Appeals (Case 12-1414)

Issue:

Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.

Status:

complaint filed 2/13/12. Motions to Dismiss filed 6/4/12. Motion for Temporary Restraining Order and Preliminary Injunction filed 8/17/12. Case dismissed by minute order 9/24/12. Judgment issued 9/25/12. Appeal docketed with 10th Circuit on 10/30/12. Oral Arguments held 3/17/14. Opinion reversing in part, affirming in part filed 10/21/14. Petition for Rehearing En Banc filed 11/4/14. Order denying Petition for Rehearing En Banc filed 11/17/14. Petition for writ of certiorari filed 2/20/15. Notice of denial of certiorari filed 4/27/15. District Court order dismissing case filed 08/19/15.

See related state court case: Marks v. Koch

Circuit Court Documents

District Court Documents

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. 


more EL@M in the news...

Info & Analysis

Supreme Court Dismisses Virginia Redistricting Case for Lack of Standing

In a 5-4 decision on redistricting, the U.S. Supreme Court dismissed the appeal filed by the Virginia House of Delegates. The Court found that the House of Delegates lacked standing to represent the state\'s or its own interests. The case is Virginia House of Delegates v. Bethune-Hill.

more info & analysis...