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Election Law @ Moritz

Election Law @ Moritz


Litigation

Fedder v. Gallagher

Case Information

Date Filed / Ended: November 21, 2006 / January 31, 2008
State: Florida
Issue: Voting Technology
Courts that Heard this Case: Second Judicial Court, Leon County Florida (Case 2006 CA 2996)

Issue:

Whether the voting equipment used in Sarasota County failed to properly record votes cast for candidates in the 13th Congressional District race, denying residents of Sarasota County their right to have their votes counted for this race.

Status:

Complaint to Contest Election filed 11/21/06. Currently in discovery. Joint stipulated dismissal filed 1/31/08.

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Opinions/Commentaries

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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