Election Law @ Moritz Home Page

Posted: July 13, 2016

Federal Judge Strikes Down VA Law Regarding Delegates at Convention

In an opinion released Monday, U.S. District Judge Robert Payne struck down a Virginia law that restricts the voting activity of Virginia delegates at national political party conventions. The plaintiff, Virginia delegate Beau Correll, plans to vote for a candidate other than presumptive Republican nominee Donald Trump, and argued that the Virginia law would impose criminal penalties on him if he did so. The case is Correll v. Herring.

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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In the News

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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Related Commentary

Foley - The Electoral Fix We Really Need
Foley - The Vote-Counting Wasn’t Rigged, But is the System Still Flawed?
Foley - What if there is a 269-269 tie … and a faithless elector?
Foley - Faithless electors: what happens if they matter?
Foley - How to Avoid Electoral Alarmism: The Relevance of 1884 and 1916

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Related Information & Analysis

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Related Current Litigation

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