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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Last Updated: January 30, 2019 at 5:00 PM

Democratic Party of Georgia v. Burkes

Case Information

Date Filed: November 8, 2018
State: Georgia
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court Middle District (Case 1:18-cv-00212)

Issue:

Whether Georgia's late issuance of absentee ballots due to several reasons including Hurricane Michael created a violation of the Georgia Election Code as well as the First and Fourteenth Amendments

Status:

Complaint filed 11/8/18. Motion for Preliminary Injunction filed 11/8/18. Consent Order regarding absentee ballots filed 11/9/18. Consent Motion for Entry of Judgement filed 12/11/18. Judgement in favor of plaintiff filed 1/30/18. Case terminated. 

District Court Documents

  • Complaint pdf file (11/08/18)
  • Plaintiff's Motion for Preliminary Injunction pdf file (11/08/18)
  • Order Setting Hearing pdf file (11/09/18)
  • Consent Order pdf file (11/09/18)
  • Consent Motion for Entry of Judgement pdf file (12/11/18)
  • Order Granting Motion to Approve Consent Judgement pdf file (1/30/19)
  • Judgement in Favor of Plaintiff pdf file (1/30/19)

    • 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.

    more commentary...

    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. 


    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...