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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Stein v. Thomas

Case Information

Date Filed: December 2, 2016
State: Michigan
Issue: Recount Resources
Courts that Heard this Case: U.S. District Court for the Eastern District of Michigan (Case 2:16-cv-14233)

Issue:

Whether the decision of the Michigan Director of Elections to delay any recount efforts is a violation of the Due Process, Equal Protection and the First Amendment. Plaintiff requests that the court enjoin the Defendants and their agents from delaying the recount process.

Status:

Complaint and Motion for TRO and Preliminary Injunction filed 12/2/16. Order Granting Preliminary Injunction filed 12/5/2016. Notice of Appeal filed 12/5/16. Emergency Motion to Stay District Court Order and Petition for Initial En Banc Review filed in Sixth Circuit by Michigan Republican Party and Michigan AG Bill Schuette on 12/5/16 and 12/6/16. Sixth Circuit decision affirming District Court's issuance of TRO filed 12/6/16. Motions to dissolve TRO filed in District Court by Michigan Republican Party and AG Schuette 12/6/16. Order Dissolving TRO filed 12/7/16. Notice of Voluntary Dismissal filed 12/13/16.

Related case: Schuette v. Board of State Canvassers

District Court Documents

Sixth Circuit Court of Appeals 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. 

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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

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...