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Election Law @ Moritz

Election Law @ Moritz


Litigation

San Diego County v. Bowen

Case Information

Date Filed: December 18, 2007
State: California
Issue: Voting Technology
Courts that Heard this Case: San Diego Superior Court (Case 37-2007-00084017-CU-WM-CTL); 4th Appellate District, Division 1 (Case D052375 )

Issue: Whether California Secretary of State Debra Bowen has the authority to require expanded election auditing procedures for counties using certain kinds of electronic voting machines.

Status: Complaint filed on 12/18/07. Court denied Plaintiffs request for writ of mandamus (Tentative Order, 1/17/08). Petition for writ of mandate filed Appellate Court on 1/25/08. Petition for writ denied 1/29/08.

Fourth Appellate Division

  • Petition for Writ of Mandate (filed 1/25/08)
  • Order denying petition for writ (filed 1/29/08)

San Diego Superior Court

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Info & Analysis

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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.

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