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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Last Updated: April 3, 2019 at 8:27 AM

Fox v. Lee

Case Information

Date Filed: November 13, 2018
State: Florida
Issues: Improper Election Administration, Voting Technology
Courts that Heard this Case: U.S District Court of Northern District of Florida (Case 4:18-cv-00529)

Issue:

Whether Florida elections officials properly preserved digital ballot images and associated electronic files

Status:

Complaint filed 11/13/18. Order Denying Plaintiffs' Request for Writ of Mandamus and Motion for Restraining Order filed 11/16/18. Order dismissing two of the defendants filed 1/3/19. Consolidated motion to dismiss filed 2/12/19. Defendant changed to Lee filed 3/5/19. Order granting Motion to Dismiss and case termiation filed 4/2/19. 

District Court Documents

  • Complaint pdf file (11/13/18)
  • Order Denying Plaintiffs' Request for Writ of Mandamus and Motion for Restraining Order pdf file (11/16/18)
  • Status Report Plaintiffs Submission pdf file (11/20/18)
  • First Amended Complaint pdf file (12/26/18)
  • Plaintiffs' Motion For Preliminary Injunction pdf file (12/26/18)
  • Memorandum of Law in Support of Plaintiffs' Motion for Preliminiary Injunction pdf file (12/26/18)
  • Order Dismissing Defendants Gertrude Walker and Griffin pdf file (1/3/19)
  • Consolidated Motion to Dismiss pdf file (2/12/19)
  • State Defendant's Motion to Dismiss pdf file (2/12/19)
  • Response in Opposition to Motion to Dismiss pdf file (2/27/19)
  • Order Granting Motion to Dismiss pdf file (4/2/19)

    • 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...