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Election Law @ Moritz

Election Law @ Moritz


Litigation

NAACP-SCP v. Cortes

Case Information

Date Filed / Ended: October 23, 2008 / January 28, 2009
State: Pennsylvania
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Eastern District of Pennsylvania (Case 2:08-cv-05048)

Issue:

Whether polling locations can be required to distribute emergency paper ballots to voters when 50% or more voting machines become inoperable at a specific location.  Pennsylvania Secretary of the Commonwealth Pedro Cortes has issued a directive requiring that paper ballots be distributed when 100% of the voting machines at a polling location have failed.  The plaintiffs, concerned about long lines due to malfunctioning voting machines, allege that not providing emergency paper ballots in cases where there is less than 100% voting machine failure would violate the constitutional rights of voters. 

Status:

Complaint and Motion for Preliminary Injunction filed on 10/23/08.  Motion for Preliminary Injunction granted on 10/29/08.  Order granting all defendants an extension of time to move, answer or otherwise respond to the complaint until 1/9/09 entered 12/15/08. Motion for Permanent Injunction filed by NAACP on 1/26/09.  Motion for Permanent Injunction Granted 1/28/09.

District Court Documents

Related Links

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. 


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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.

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