Election Law @ Moritz Home Page

Last Updated: November 30, 2018 at 8:36 PM

Brown v. Kemp

Case Information

Date Filed: November 6, 2018
State: Georgia
Issue: Improper Election Administration
Courts that Heard this Case: US District Court for The Northern District of Georgia (Case 1:18-cv-5121-WMR)

Issue:

By overseeing a gubernatorial election in which he is a candidate, did the Georgia Secretary of State violate the First and Fourteenth Amendments, as well as 42 U.S.C. 1983?

Status:

Complaint filed 11/6/18. Motion for TRO filed 11/7/18. TRO denied. Filed 11/30/18. Judgement entered, case terminated filed 11/30/18

District Court Documents

Complaint (11/6/18)
Plaitiffs' Motion for a Temporary Restraining Order (11/7/18)

Response in Opposition of Restraining Order (11/8/18)

Declaration of Chris Harvey

Order Denying Restraining Order (11/30/18)
Judgement (11/30/18)

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.

more commentary...

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.

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...

Major Pending Cases

more litigation...

Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu

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