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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Texas Democratic Party v. Hughs

Case Information

Date Filed: March 25, 2020
State: Texas
Issue: Improper Election Administration
Current Court: Texas Court of Appeals for the Fourteenth Judicial Circuit (Case 14-20-00358-CV)

Issue:

Plaintiffs are asking for a relaxing of the vote by mail requirements to allow any eligible voter, regardles of age and physical condition, to request, receive and have counted, a mail-in ballot if they believe they should practice social distancing. 

Status:

Plaintiffs' original petition and application for temporary injunction 3/20/20. Notice of interluctory appeal 4/17/20.

Travis County Court Documents

  • Initial Pleadings pdf file (3/20/20)
  • Intervenor-Plaintiffs' Response In Opposition To Defendant's Counter-Petition To Align Early Voting Periods pdf file (4/14/20)
  • Objections To Declarations pdf file (4/14/20)
  • Unsigned Proposed Order pdf file (4/14/20)
  • Defendant's Notice To Correct Exhibit 1 To Counter-Petition pdf file (4/14/20)
  • Corrected Exhibit Filing And Response To State's Objection To Declarations pdf file (4/15/20)
  • Plaintiffs' and Intervenor-Plaintiffs' Joint Response To Intervenor-Defendant's Objections To Proposed Order pdf file (4/16/20)
  • Defendants' Objections To Plaintiffs' Proposed Order pdf file (4/16/20)
  • Order Modifying Certain Early Voting Procedures pdf file (4/16/20)
  • Order On Application For Temporary Injunction And Plea To The Jurisdiction pdf file (4/17/20)
  • Court Of Appeals For The Fourteenth Judicial Circuit

  • Notice Of Interluctory Appeal pdf file (4/17/20)
  • Request For Posting Of The Appellate Record By Political Scientist As Amicus Curiae pdf file (5/7/20)
  • Appellant’s Brief For The State Of Texas pdf file (5/11/20)
  • Intervenor-Appellant’s Response To Appellees Plaintiffs’ And Intervenor-Plaintiffs’ Verified Motion For Emergency Relief pdf file (5/11/20)
  • Reply In Support Of Appellees, Plaintiffs’ And Intervenor-Plaintiffs’ Verified Motion For Emergency Relief pdf file (5/11/20)
  • Amicus Letter of The Communications Workers of America pdf file (5/11/20)
  • 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...