OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Conservative Party of New York State, et al., v. New York State Board of Elections, et al.

Case Information

Date Filed: September 14, 2010
State: New York
Issues: Voting Technology, Vote Dillution
Courts that Heard this Case: U.S. District Court for the Southern District of New York (Case 1:10-cv-06923)

Issue:

Whether New York's policy of, when a voter selects the same candidate multiple times under multiple party affiliations, counting only the vote for the first party selected, and thus depriving the second party of credit for receiving a vote on their party, without notice to the voter, is unconstitutional.

Status:

Consent Decree Dismissing Case entered 9/8/11. Oral Argument Held on Motion to Dismiss 1/31/11.  Plaintiff's Supplemental Memorandum of Law on Motion to Dismiss First Amended Complaint filed 2/3/11.  Order Denying Motion to Dismiss entered 2/10/11. Civil Case Management Plan entered 3/1/11. Order Referring Case to Magistrate Judge for Settlement entered 4/7/11.  Order and Opinion Denying Defendant's Motion to Dismiss 5/10/11. Consent Decree Dismiss Case filed (9/08/11)

District Court Documents

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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

Federal Court Finds Partisan Gerrymandering in North Carolina

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.

more info & analysis...