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Election Law @ Moritz

Election Law @ Moritz


Litigation

Texas Democratic Party v. Williams

Case Information

Date Filed / Ended: February 13, 2007 / January 12, 2009
State: Texas
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Western District of Texas (Case 1:07-cv-00115); U.S. 5th Circuit Court of Appeals (Case 07-51064); U.S. Supreme Court (Case 08-540)

Issue:

Whether the use of eSlate voting machines (which plaintiffs allege have not counted votes properly) violates HAVA, the Texas Election Code, or the U.S. Constitution.

Status:

Judgment rendered by US 5th Circuit Court of Appeal on 7/30/08 affirming the granting of Summary Judgment to the defendants by the District Court.  The plaintiffs filed a Petition for a Writ of Certiori with the U.S. Supreme Court on 10/21/08.  Petition was denied 1/12/09.

U.S. Supreme Court Documents

  • Petition for a Writ of Certiori PDF (filed 10/21/08)
  • Waiver of right of respondent Hope Andrade, Texas Secretary of State to respond (filed 11/24/08)
  • Distributed for Conference of 1/9/09 (entered 12/3/08)
  • Petition DENIED. (entered 1/12/09)

Court of Appeals Documents

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...