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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Trump v. Cegavske

Case Information

Date Filed: August 4, 2020
State: Nevada
Issues: Improper Election Administration, Voter Fraud
Current Court: U.S. District Court for the District of Nevada (Case 2:20-cv-01445)

Issue:

Whether recent legislative changes to Nevada's election procedures, including the acceptance of ballots received after Election Day, violate federal election statutes as well as the Supremacy and Equal Protection Clauses of the U.S. Constitution.

Status:

Defendant Secretary of State Barbara Cegavske's Motion to Dismiss 8/24/20. 

U.S. District Court Documents

  • Complaint pdf file (8/4/20)
  • Motion to Intervene as Defendants pdf file (8/7/20)
  • Defendant Secretary of State Barbara Cegavske's Motion to Dismiss pdf file (8/10/20)
  • Amended Complaint for Declaratory and Injunctive Relief pdf file (8/20/20)
  • Notice of Non-Opposition to Motion to Intervene as Defendants pdf file (8/20/20)
  • Order pdf file (8/21/20)
  • Defendant Secretary of State Barbara Cegavske's Motion to Dismiss pdf file (8/24/20)
  • Intervenor-Defendants' Motion to Dismiss Plaintiffs' Complaint pdf file (9/3/20)
  • Plaintiffs' Motion for Partial Summary Judgment and Memorandum of Supporting Points and Authorities pdf file (9/4/20)
  • Plaintiffs' Memorandum in Opposition to Defendant's Motion to Dismiss pdf file (9/8/20)
  • Motion to Intervene by Pyramid Lake Paiute Tribe and Walker River Paiute Tribe pdf file (9/11/20)
  • 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...