OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Janis v. Nelson

Case Information

Date Filed: February 18, 2009
State: South Dakota
Issue: Felon Voting Rights
Courts that Heard this Case: U.S. District Court for the District of South Dakota (Case 5:09-cv-05019)

Issue:

Whether two felons who were sentenced to probation (rather than imprisonment) were improperly denied the right to vote.

Status:

Settlement Agreement filed 5/25/10.  Order dismissing case with prejudice entered 5/26/10.  Motion to Dismiss with Prejudice filed 5/28/10.  Second Judgment of Dismissal, vacating the previous judgment filed 6/1/10.

Federal 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.

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

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...