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Election Law @ Moritz

Election Law @ Moritz


Litigation

McCain-Palin 2008 v. Cunningham

Case Information

Date Filed: November 3, 2008
State: Virginia
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the Eastern District of Virginia (Case 3:08-cv-00709)

Issue:

Whether the Uniform and Overseas Citizens Absentee Voting Rights Act requires the Viriginia Board of Elections to count late-arriving overseas military ballots.

Status:

Settlement Conference Held 12/7/10. Stipulated Consent Decree entered 12/10/10.  Consent Decree 12/14/10.

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. 


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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...