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Election Law @ Moritz

Election Law @ Moritz


Litigation

Van Hollen v. Government Accountability Board

Case Information

Date Filed / Ended: September 10, 2008 / January 23, 2009
State: Wisconsin
Issues: Voter Registration, State Voter Registration Databases
Courts that Heard this Case: Dane County Circuit Court (Case 2008CV004085); Wisconsin Court of Appeals (Case 2008AP002804)

Issue:

Whether the Wisconsin Government Accountability Board (GAB) has met its obligations to bring Wisconsin into compliance with state and federal election laws, including the Help America Vote Act (HAVA).  Specifically, the Attorney General is seeking to require that the GAB run HAVA checks on voter registrations received prior to August 6, 2008.

DISCLOSURE

Status:

Case dismissed by trial court on 10/23/08.  Appeal filed with the Wisconsin Court of Appeals on 11/12/08 (noticed filed in circuit court on 11/7/08). Opinion/Decision that Appeal is Dismissed Pursuan to Rule 809.18 entered on 1/23/09.

Court of Appeals Documents

  • Notice of Appeal & Court Record (filed 11/12/08)
  • ORD that the time for the clerk to transmit the record on appeal is extended to December 29, 2008 (entered 12/10/08)
  • Notice of Voluntary Dismissal Filed (filed 1/21/09)
  • Opinion/Decision that the appeal is dismissed pursuant to Rule 809.18 (entered 1/23/09)
  • Remittitur (entered 1/23/09)

Circuit Court Documents

Related Information

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...