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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Delays in Military Ballots

According to this report, several Republican Senators are concerned that some military voters had not received their ballots as of yesterday. Although the actual extent of this problem is unknown, it is part of an ongoing effort to improve the delivery of absentee ballots to these voters. Federal law now requires states to be able to transmit ballots to these voters 45 days before the election, and to do so electronically if the voter desires. The voted ballots must still be returned by Election Day by regular mail. Concern over a few states' compliance with these requirements led to at least one lawsuit earlier this fall in Wisconsin, which resulted in a settlement, as we reported here.

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.

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