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Election Law @ Moritz

Election Law @ Moritz


Litigation

ACLU of New Mexico v. Chavez

Case Information

Date Filed / Ended: October 26, 2005 / November 17, 2008
State: New Mexico
Issue: Voter ID
Courts that Heard this Case: United States District Court, District of New Mexico (Case 05cv1136); United States Court of Appeals, 10th Circuit (Case 07-2067; 07-2081)

Issue:

Whether Albuquerque's Voter ID statute, which requires photo identification of in-person voters but not absentee voters, violates equal protection, Plaintiffs' First Amendment rights, or creates an undue burden on the right to vote.

Status:

The district court granted partial summary judgment on the parties claims on 3/7/07. An appeal was filed with the U.S. 10th Circuit Court of Appeals. The case is currently active. The court has ordered the parties to file briefs addressing the impact of the Crawford decision by June 17.  Oral arguments are set for 9/25/08.

Appellate Court 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. 

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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...