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Election Law @ Moritz

Election Law @ Moritz



Votevets Action Fund v. Ertle

Case Information

Date Filed: November 11, 2018
State: Florida
Issue: Absentee Ballots
Courts that Heard this Case: U.S District Court of Northern District of Florida (Case 4:18-cv-00524)


Whether vote-by-mail ballots should be counted if postmarked before Election Day but not received by the supervisor of elections by 7pm on Election Day


Complaint filed 11/12/18. Emergency motion for Restraining Order and Preliminary Injunction filed 11/12/18. Preliminary Injunction denied 11/16/18. Preliminary Injunction denied filed 11/19/18. Status report filed 12/14/18. Defendant subsituted from Detzner to Ertle filed 1/9/19. Plaintiffs VoteVets Action Fund, Democratic National Committee, and DSCC notice of voluntary dismissal filed 1/18/19. This case is dismissed without prejudice under Federal Rule of Civil Procedure filed 1/22/19.

District Court Documents


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.

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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. 

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Info & Analysis

U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

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