Posted: October 21, 2014
10th Circuit Affirms in Part, Reverses in Part, in Colorado Secret Ballot Case
The 10th Circuit U.S. Court of Appeals issued an opinion affirming the District Court's dismissal of claims alleging violations of substantive due process, the right to vote, and the right to free speech. Plaintiffs had sued Colorado's Secretary of State over the use of traceable ballots giving election officials the theoretical ability to learn how individuals voted. The court remanded claims regarding procedural due process and equal protection. The case is Citizen Center v. Gessler.
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Commentary
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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