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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Hollander v. McCain

Case Information

Date Filed / Ended: March 14, 2008 / July 25, 2008
State: New Hampshire
Issue: Candidate Eligibility
Courts that Heard this Case: U.S. District Court for the District of New Hampshire (Case 1:08-cv-00099)

Issue:

Whether Senator John McCain is a "natural born citizen" and eligible to be the President of the United States under the provisions of Article I, Section 2, of the U.S. Constitution.

Status:

Complaint filed on 3/14/08. Motion to Dismiss filed on 4/30/08. Hearing on Motion to Dismiss is set for 7/24/08.  Motion to Dismiss granted on 7/24 and Judgment for defendant entered on 7/25.

District Court Documents

Commentary

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. 


more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

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.

more info & analysis...